Rotten (Zima) Tomato for the Trade Marks Registrar

Mastronardi Produce Ltd v The Registrar of Trade Marks [2014] FC 1021 Key issue Use of product variety names as a trade mark – inherent distinctiveness. Facts M applied to register ZIMA as a brand name for tomatoes in class 31. The Registrar refused the application: it was not inherently adapted to distinguish (section 41(6),