A trademark storm is brewing in Melbourne

Thunder Road Brewing’s move to revive some old Carlton United brands has the beer bottler frothing says solicitor Alison Eveleigh, in a piece that first appeared in Encore.

In a noble move to enrich Australia’s cultural and historical legacy, boutique brewer Thunder Road Brewing is looking to revive many of Australia’s heritage beer brands including Brisbane Bitter, Cairns Draught and Ballarat Bitter. However, their plans have gone slightly ‘a-rye’ as Carlton United Breweries (CUB) currently holds trademark rights in the historic labels. Before the pints can be pulled, Thunder Road Brewery must have approximately 60 trademarks removed from the trademark register. The company is seeking to have CUB’s trademarks revoked on the basis they are no longer used by the brewing giant, a point vigorously contested by CUB.

And so the parties have hopped off to court. The bitter dispute was heard by a delegate of the registrar of trademarks at IP Australia in Melbourne in April this year. Under the Trade Mark Act 1995, a trademark may be removed from the register where there has been no use, or no use in good faith, of the trademark for three years (an application cannot be made until after five years have passed from the original filing date). Any person can apply to have a trademark removed from the register, provided they are willing to pay the application fees involved, thought to be approximately $13,000 in this instance.

The opponent then bears the thirsty task of either demonstrating the necessary use or satisfying IP Australia that circumstances had prevented use, but that registration should continue.