Opposition by CUBIC-Modulsystem A/S to registration of trade mark application number 2122273 (class 9) - CUBO (word) - in the name of Voltex Electrical Accessories Pty Ltd

This matter concerned an opposition by CUBIC-Modulsystem A/S to the registration of the trade mark application number 2122273, the word mark CUBO, in the name of Voltex Electrical Accessories Pty Ltd. The opposition was brought under section 52 of the *Trade Marks Act 1995* (Cth), with grounds pursued under sections 42, 60, and 62A of the Act, as well as regulation 4.15A of the *Trade Marks Regulations 1995* (Cth). The decision was made by Benjamin Goldsworthy.

The primary legal issue before the court was whether any of the grounds of opposition raised by CUBIC-Modulsystem A/S had been established, thereby preventing the registration of the CUBO trade mark. The court was required to determine the application of the relevant provisions of the *Trade Marks Act 1995* and *Trade Marks Regulations 1995* to the facts of the case.

The court found that the Opponent had not established any of the grounds upon which the application was opposed. Consequently, pursuant to section 55 of the *Trade Marks Act 1995*, the court directed that the trade mark application could proceed to registration once the appeal period had expired. The court also made orders regarding the timing of registration in the event of an appeal and awarded costs against the Opponent in favour of the Applicant.