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),

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