Intellectual property lawyers at Bendigo and Adelaide Bank are "vigilantly" monitoring a raft of credit unions moving to rebrand as banks.While scores of credit unions have traditionally used the term "community" in their branding and marketing taglines, Bendigo is vowing to oppose attempts by any market rivals to include that word in their new "bank" trading names.In a decision that could have wide-ranging implications for deposit-taking mutuals, the Australian Trade Marks Office within IP Australia recently upheld Bendigo's legal claims to the "Community Bank" moniker in a matter it brought against Community First Credit Union, an entity based in Auburn in Sydney.Bendigo successfully opposed the NSW-based credit union's move to register two new trademarks - "Community First Bank" and "Community First Mutual Bank" on the grounds that they were "substantially identical or deceptively similar" to a trade mark it registered in 1998.A decision published on 21 July by IP Australia hearing officer Adrian Richards ordered that Community First's trade mark applications should be refused unless the credit union appeals his decision to the Federal Court within a month.Richards found that the applications did not comply with section 44 of the Trade Marks Act because the addition of the word 'bank' to Community First's trade marks would substantially affect the identity of the institution and its brand.The section prohibits a company from adopting similar branding of a market rival, unless it can demonstrate prior use of the trademark.Richards ruled that Community First could not show prior use or honest concurrent use of either of the trademark applications because the inclusion of the word bank constituted significant changes.Community First is currently weighing up its next move in the legal battle, including the possibility of lodging an appeal in the Federal Court."We continue to explore a range of options," said Community First spokesperson, Aletia Fysh. A Bendigo spokesperson indicated the bank would always defend its claims over the use of Community Bank."Bendigo and Adelaide Bank is the owner of the registered trade mark Community Bank in Australia, and has been using this trade mark in connection with banking and financial services since 1998," the spokesperson said in an emailed statement."The Community Bank brand has been successfully built on the back of a joint investment between the bank and 240 locally-owned and operated businesses. "The bank is vigilant in the protection of its Community Bank trade mark, and will take any necessary action to protect its rights in this trade mark."Bendigo may soon be drawing fresh battle lines for another dispute over the sought-after moniker after the Albury-based Hume Bank applied last week for the right to use several new trademarks that include the words "community bank".Hume's chief customer officer Andrew de Graaff confirmed to Banking Day that his organisation had sought approval from IP Australia to use the trade mark "Next Generation Community Bank".