OxoPak Pty Ltd – Certification trade mark applications

Closed 18 Jun 2018

Opened 23 May 2018

Results Updated 20 Jun 2018

The ACCC received the following submissions:

Files:

Overview

The Australian Competition and Consumer Commission (ACCC) is considering an application from OxoPak Pty Ltd to register four certification trade marks (CTMs). The marks bear the words:

  • Food Fresh Food Safe Certified Solution
  • Marine Life Safe Certified Solution
  • PlanetOxoPositive – Certified Oxo-Biodegradable Plastic and
  • ‘Land Zero Waste Certified Solution’.

The marks, together with their application numbers, are illustrated below.

The ACCC invites you to comment on the application before it issues an initial assessment.

Application

The CTM rules state that OxoPak will use the CTMs to indicate that the approved product meets 'higher standards of Degradability, Biodegradability, and Eco-toxicity than other products within the same product category'.

The CTM rules set out packaging requirements and various standards of oxo-biodegradation that applicants for the trade mark must meet in order to be certified.

Applicants must demonstrate the ability to comply with the rules, OxoPak's Marketing Guidelines and any other OxoPak policies that it deems relevant.

ACCC Role

Under Part 16 of the Trade Marks Act 1995 (TMA), before a CTM can be registered by IP Australia the ACCC must be satisfied that certain criteria are met. In general terms, the ACCC must be satisfied that the CTM application and corresponding rules meet the technical requirements set by the TMA and do not raise consumer protection, competition or associated concerns.

Submissions

Submissions should be emailed to CTMs@accc.gov.au with the subject “CTMs 1852559 – 1852561-63- OxoPak Pty Ltd - Submission” and are due by Monday, 18 June 2018.

Confidentiality 

All submissions will be treated as public documents and published on the ACCC website unless otherwise requested. Submissions requesting exclusion from publishing should be clearly marked and include reasons for the exclusion. 

For further information about the application and next steps please see the ACCC consultation letter.

Audiences

  • Industry
  • Consumer groups
  • Government

Interests

  • Consumer issues
  • Competition issues