YAYLA Türk Lebensmittelvertrieb GmbH v Vaishi Enterprises Pty Ltd

YAYLA Türk Lebensmittelvertrieb GmbH (the Opponent) opposed the registration of trade mark application number 2051611, styled "YAYLA", in class 29, by Vaishi Enterprises Pty Ltd (the Applicant). The decision was made by Benjamin Goldsworthy.

The primary legal issue before the court was whether any of the grounds on which the application was opposed had been established, requiring the Registrar to decide whether to refuse or register the trade mark.

The court found that the Opponent had established a ground of opposition under regulation 4.15A. Consequently, the court refused the registration of the trade mark. The Opponent was awarded costs against the Applicant, to be assessed according to Schedule 8 of the Regulations, as costs normally follow the event and no exception was warranted.