Opposition by Firstmac Limited to applications under section 92 of the Act by ZipMoney Payments Pty Ltd to remove trade mark number 1021128 (36) - ZIP - in the name of Firstmac Limited

Firstmac Limited opposed applications by ZipMoney Payments Pty Ltd to remove its registered trade mark number 1021128, for the mark ZIP, from the Register of Trade Marks under section 92 of the *Trade Marks Act 1995* (Cth). The matter came before Jock McDonagh in the Federal Court of Australia.

The primary legal issue before the Court was whether the trade mark ZIP had been genuinely used in Australia in relation to the services for which it was registered, namely financial services, credit card services, and related services. ZipMoney Payments Pty Ltd contended that Firstmac Limited had not demonstrated such genuine use, thereby justifying its removal from the Register.

His Honour considered the evidence presented by Firstmac Limited regarding the use of the ZIP trade mark. The Court applied the principles established in case law concerning the assessment of "genuine use," which requires more than token or sporadic use and involves a consideration of the commercial reality of the use in the marketplace. The Court found that the evidence did not establish genuine use of the trade mark in relation to the specified services.

Consequently, the Court ordered the removal of trade mark number 1021128 from the Register of Trade Marks.