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Trade mark dispute between parcel delivery company
Sendle and Australia Post
Sendle Pty Ltd is a Sydney-based parcel delivery company that
provides low-cost, door-to-door delivery, enabling customers to
avoid physically attending a post office to send parcels.
As a start-up back in 2014, Sendle lodged an application to
register the trade mark "Post without the office". In
2015, Australia Post filed a Notice of Intention to Oppose the
registration, arguing that the phrase was a breach of the Trade
Marks Act because it was deceptively similar to its own trade
marks and likely to mislead consumers.
The matter came before the Australian Trade Mark Office for
hearing in February 2017.
case a - The case for Sendle
case b - The case for Australia Post
We believe there is no confusion caused by our trade mark. We
have adapted the trade mark precisely to convey the message that
our services are different to Australia Post and to distinguish
ourselves from its traditional method of parcel and delivery
services of physically visiting a post office.
The fact that the Australian public is so intimately familiar
with Australia Post, its trade marks and its prominent red
branding, serves to reduce, not increase the likelihood that a
consumer will confuse it with our trade mark.
We consider it very unlikely that our trade mark will mislead
the Australian public to think that it is Australia Post providing
the service, rather than an independent third party.
We oppose Sendle's application to register the trade mark
"Post without the office", as we consider it to be
deceptively similar to trade marks that we have owned for many
years.
The use of "Post without the office" is a
manipulation of our brand, much the same as if the words
"without the" were interposed between other well-known
brand names, for example "Louis without the Vuitton" and
"Hungry without the Jacks".
We have a long-established reputation with the Australian
public for delivering parcels. For Australians, the word
"Post" is now synonymous with us.
We have recently started offering services online and through
alternative channels, including channels that don't require
physical attendance at a post office. Sendle's trade mark will
create confusion for the Australian public and cause them to
believe that we are providing the services, not Sendle.
So, which case won?
Cast your judgment below to find out
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guide to the subject matter. Specialist advice should be sought
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