Re The Australian Postal Corporation Trading as Australia Post

[1994] ATMO 62

TRADE MARKS ACT 1955

DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS WITH REASONS

Re:Application number 553869 to register a trade mark in the name of THE AUSTRALIAN POSTAL CORPORATION trading as AUSTRALIA POST

On 25 July 1994, I issued my interim decision in the above matter.  In that decision, I found that the mark which is the subject of this application was only registrable in Part B of the Register on the basis of evidence of use and only under the following conditions:

The applicant should consent to delete the material comprising the words "Australia Post" and the P device

The applicant should agree to following endorsements:

Registration gives no right to the exclusive use of the words ECONOMY AIR

Registration is limited  to the colours BLUE, GREEN and WHITE, as depicted in the representation attached to the application form

I allowed the applicant 21 days from the date of that decision to agree to these conditions or I would issue my final decision refusing the application.  In a letter of 1 August 1994, the applicant agreed to those terms in order to gain registration.

Consequently, I find that the application should proceed to registration in Part B of the Register following deletion of the material requested, and the entry of endorsements regarding acceptance on the basis of evidence, restriction to colour and the disclaimer of the words ECONOMY AIR.

Ian Forno
Hearing Officer

8 August 1994