Latin Deli Pty Ltd v Gruma, S.A.B. de C.V

In this matter before the Registrar of Trade Marks, Latin Deli Pty Ltd (the opponent) opposed the registration of a trade mark by Gruma, S.A.B. de C.V (the applicant). The opposition was based on grounds arising under sections 44 and 60 of the *Trade Marks Act 1995* (Cth).

The Registrar was required to determine whether any of the grounds of opposition raised by Latin Deli Pty Ltd had been established. Specifically, the Registrar had to consider if the applicant's trade mark registration should be refused or allowed, having regard to the extent to which the grounds of opposition were proven.

The Registrar found that the opponent had not established any of the grounds of opposition. Consequently, pursuant to section 55 of the *Trade Marks Act 1995*, the Registrar decided that the trade mark application could proceed to registration one month from the date of the decision, unless an appeal was filed. The Registrar also awarded costs against the opponent.