Trade mark number: 
The Australian Competition and Consumer Commission (the ACCC), in accordance with the requirements of the Trade Marks Act 1995 (TMA), has completed its final assessment of the above application. Pursuant to s178(3) of the TMA, the ACCC’s final assessment is that it is satisfied that the rules governing the use of the certification trade mark identified above, as varied: (a) would not be to the detriment of the public; and (b) are satisfactory having regard to the criteria prescribed for the purposes of s175(2)(b) of the TMA. Pursuant to Trade Marks Regulation 16.10, the ACCC is also satisfied that the rules as varied provide that the attributes a person must have to become an approved certifier are sufficient to enable the person to assess competently whether goods or services meet the certification requirements.


These rules are created by OxoPak Pty Ltd to describe the conditions of use applicable to Planet OxoPositive Logo as shown in Appendix A as a Certification Trade Mark. OxoPak Pty Ltd was formed to educate on environmental issues and in particular to promote the use of oxo-biodegradable plastics as an alternative to non-biodegradable plastics. All man-made products, even those made from natural materials, have an environmental impact in their manufacture and eventual disposal. Plastics, in particular, cause environmental issues because they persist in the environment, and whilst steps are being made to increase the amount of recycling of plastic products to reduce the amount of plastic released into the environment, a significant amount of plastic products still end up in landfill or waterways.

The Planet OxoPositive Logo is intended to be used on and to promote plastic products that are recyclable, but which are also oxo-biodegradable if they do end up in the environment as litter. Oxo-biodegradable plastics have improved degradability compared to plastics that are only oxo-degradable, in that, once the polymer chains have been sufficiently reduced in length by oxidation, they can be attacked by natural microorganisms to further break down the plastic into carbon dioxide, water and non-toxic residues.

Certification rules: 
1852562_final_assessment.pdf PDF in PDF format [3.3 MB]