Delta Mortgage Group Pty Ltd v Oz Finance Professional Pty Ltd

Delta Mortgage Group Pty Ltd (Delta) opposed the registration of trade marks by Oz Finance Professional Pty Ltd (Oz Finance). The matter was heard by Terry Williams, delegated by the Registrar of Trade Marks. Delta, represented by its General Manager and Marketing Manager, argued that the presence of the characters "LIAN BANG" in Oz Finance's proposed trade marks was problematic, as these characters could be translated as "commonwealth," "group of states," or "federal."

The court was required to determine whether Oz Finance's proposed trade marks should be registered, specifically in light of Delta's registered trade marks. The legal issues before the court included grounds of opposition under sections 44 and 60 of the *Trade Marks Act 1995* (Cth), and potentially section 43. The court determined that section 43 was not applicable as it concerns inherent connotations of a trade mark, not confusion arising from resemblance to another's mark.

The court found that Delta's registered trade marks had earlier priority dates than Oz Finance's opposed applications. It was satisfied that the services offered by both parties were "of the same description" and therefore similar, a necessary element for opposition under section 44. The central issue remaining for determination under section 44 was whether Oz Finance's trade marks were substantially identical with, or deceptively similar to, Delta's registered trade marks.