Name of tomato variety can be registered as trademark

In Mastronardi Produce Ltd v Registrar of Trademarks ([2014] FCA 1021, September 19 2014), Mastronardi Produce Limited has succeeded in an appeal against a decision of the registrar of trademarks that refused registration of the trademark ZIMA for tomatoes.   The principal issue in contention was whether ZIMA functions as a trademark to distinguish the goods of Mastronardi