Summed up well here: ZIP – Infringe Now. Pay Later? - Spruson & Ferguson
Generally, if a product/service is similar and under the same classification code, then the trademark is 'taken' and none other can use it.
- ZIP applied for the TM under classes 9, 35, 36, 42
- Firstmac Limited own the TM under 36 only
Class 9: generally known as the class of electronic equipment (incl. apps, software)
Class 35: Advertising; business management, organization and administration; office functions.
Class 36: Financial, monetary and banking services; insurance services; real estate services.
Class 42: Scientific and technological services and research and design relating thereto; industrial analysis, industrial research and industrial design services; quality control and authentication services; design and development of computer hardware and software.
Loans.com.au (Firstmac) currently uses ZIP in the name of a single home loan product. ZIP should have paid to buy Class 36 TM off them and be done with it.
(20min delay)