Bendigo and Adelaide Bank Limited v Community First Credit Union Limited

This matter concerned oppositions filed by Community First Credit Union Limited (the Opponent) against applications by Bendigo and Adelaide Bank Limited (the Applicant) to register two trade marks. The dispute centred on whether the Applicant's proposed trade marks were deceptively similar to the Opponent's registered trade mark, "COMMUNITY BANK," for financial services. The decision was made by Adrian Richards, acting as a delegate of the Registrar of Trade Marks.

The primary legal issues before the delegate were whether the Applicant's trade marks were substantially identical or deceptively similar to the Opponent's registered trade mark, and whether the services for which registration was sought were the same or of the same description as those covered by the Opponent's mark. The delegate was required to apply the provisions of the *Trade Marks Act 1995* (Cth), specifically sections 10 (definition of deceptively similar), 14(2) (definition of similar services), and 44 (opposition based on earlier trade marks).

The delegate found that the Applicant's trade marks were not substantially identical to the Opponent's mark, acknowledging the presence of additional words in the Applicant's marks. However, the delegate was satisfied that the services covered by the respective trade marks were "relevantly similar" and, in fact, the same or of the same description, a point conceded by the Applicant. Applying the test for deceptive similarity, which requires a real, tangible danger of confusion rather than a mere possibility, the delegate concluded that the Applicant's trade marks were deceptively similar to the Opponent's registered mark.

Consequently, the delegate decided to refuse the registration of both of the Applicant's trade marks. The delegate also ordered that the Applicant pay the Opponent's costs in relation to one opposition, and awarded reduced costs to the Opponent in the other, at 20% of the official scale. The refusal of registration was to take effect one month from the date of the decision, unless an appeal was filed.