Industria De Diseno Textil S.A, v Thandi Silwinba

Industria De Diseno Textil S.A. (the Applicant) sought the registration of trade mark number 2063551. Thandi Silwinba (the Opponent) opposed this application. The decision was made by Louise Tuohy, presumably in her capacity as Registrar or a delegate thereof, concerning the opposition to the trade mark application.

The central legal issue before the decision-maker was whether any of the grounds of opposition raised by the Opponent had been established, thereby requiring the Registrar to refuse the trade mark application under section 55 of the relevant Act. The decision-maker also had to consider the usual principles regarding the award of costs in such proceedings.

The decision-maker found that the Opponent had not established any of the grounds on which the application was opposed. Consequently, applying section 55(1) of the Act, the decision was made to allow the trade mark to proceed to registration one month from the date of the decision, unless a notice of appeal was served, in which case the disposition would be in accordance with any court order. The decision-maker also awarded costs against the Opponent, applying the general principle that costs follow the event and referencing section 221 of the Act and Schedule 8 of the Regulations.