apple tv remote trackpad not working- low battery

I set up my new 4th Generation Apple TV out of the box using the remote. All was well with the remote.

Then, 2 hours later when I went to use the remote it would not work. The apple TV was ok with my iPhone remote. I realised the battery was low. is this usual with a new remote straight out of the box. I now have it on charge for the 9 hours recommended.

I now note, whilst charging and at low charge that the trackpad on the remote will not respond to my fingers scrolling up and down, but will respond to clicks.

It this usual when on low charge? I hope so. I will update post in 9 hours.