Australian Grape and Wine Authority v Yi Li

The Australian Grape and Wine Authority (AGWA) sought to register the trade mark "Yi Li" for wine. Yi Li opposed the application. The Delegate of the Registrar of Trade Marks was required to decide whether to register the trade mark.

The primary legal issue before the Delegate was whether the nominated ground of opposition under section 41 of the *Trade Marks Act 1995* (Cth) had been established. This section concerns the registrability of a trade mark, specifically whether it is capable of distinguishing the applicant's goods or services from those of other persons.

The Delegate reasoned that the opponent had succeeded in establishing the ground of opposition under section 41. Consequently, as section 55(3) of the Act did not apply, the Delegate refused to register the trade mark application.