Turbo Systems Switzerland Ltd v Cummins Inc

In this matter before the Delegate of the Registrar of Trade Marks, Nicholas Smith, the applicant, Cummins Inc, sought to register three trade marks (application numbers 2258617, 2327545, and 2327538). The opponent, Turbo Systems Switzerland Ltd, opposed these applications.

The primary legal issue before the Delegate was whether the use of the trade marks by the applicant would be contrary to law, which was the sole ground of opposition relied upon by the opponent under section 42(b) of the relevant legislation.

The Delegate was not satisfied that the use of the trade marks by the applicant would be contrary to law. Consequently, the opponent failed to establish the ground of opposition. The Delegate ordered that the trade mark applications could proceed to registration, subject to a stay of one month unless an appeal was filed. The Delegate also awarded costs in favour of the applicant, ordering the opponent to pay costs in respect of each of the three trade mark applications.