Re: Opposition by Zipmoney Payments Pty Ltd to registration of trade mark application number 1811600 (classes 9 and 36) - No Interest Ever! (Word) in the name of Certegy Ezi-Pay Pty Ltd

This matter concerned an opposition by Zipmoney Payments Pty Ltd to the registration of the trade mark application number 1811600, "NO INTEREST EVER!", in classes 9 and 36, filed by Certegy Ezi-Pay Pty Ltd. The opposition was heard by Kate Doherty, a Hearing Officer.

The legal issues before the Hearing Officer were whether the trade mark application should be refused registration on the grounds of section 41 and section 62(a) of the *Trade Marks Act 1995* (Cth). Specifically, the opposition contended that the trade mark was not capable of distinguishing the applicant's goods and services, and that it was deceptive or misleading.

The Hearing Officer found that the applicant's evidence had not established that the plain word trade mark "NO INTEREST EVER!" was capable of distinguishing the applicant's goods and services at the filing date. Consequently, the ground of opposition pursuant to section 41 of the Act was established. As a result, the Hearing Officer ordered that trade mark application number 1811600 would not proceed to registration. The Hearing Officer also directed that costs be awarded against the applicant, noting that the opponent did not attend the hearing.