More Trouble Brewing as Beer Trade Mark War Heats Up

Yesterday, the Age reported that Philip Withers, chief executive of micro-brewery Thunder Road, is attempting to seize control of historic Australian beer brands. 

However, in today’s Trade Mark Office Journal dated 7 June 2012, it is evident that the Intellectual Property Development Corporation Pty Ltd, have additionally opposed the registration of the Foster’s marks below.

Trade Mark No. Mark
1379841 BULIMBA
1379845 CAIRNS DRAUGHT
1379850 GOLD TOP
1461182  

Intellectual Property Development Corporation Pty Ltd, are the recorded applicant in respect of two of marks currently used by Thunder Road, “Brunswick Bitter” trade mark and an associated device mark.

Additionally, Intellectual Property Development Corporation Pty Ltd, have recently applied to register a host of trade marks for beer, a selection of which are shown below.

Phillip Withers reportedly informed The Age, with regard to the non-use actions brought against a number of Foster’s registered trade marks, that “[w]e are not doing this for any other reason…there is no equity value in these brands because there has been no cash flow in them, they haven’t been in business for decades and they have no value other than being important to the revival of our industry and keeping them in Australia.”

Will we see the revival of these historic brands? Only time, and the Australian Trade Mark Office, will tell.

 

A selection of  Intellectual Property Development Corporation Pty Ltd current registrations and pending applications:

Trade Mark No. Mark Status
1443786    Pending / Under Examination
1428911 BRUNSWICK BITTER Pending / Under Examination
1277062 COLLINGWOOD BITTER Registered
1277063 COLLINGWOOD STOUT Registered
1277064 COLLINGWOOD BLONDE Registered
1277065 COLLINGWOOD LAGER Registered
1277066 COLLINGWOOD ALE Registered
1246124 TERRY’S MOUNTAIN Registered
1246125 and THE MOUNTAIN BREWERY CO. BLACKHEATH Registered
1252214 and 1252333 COLLINGWOOD DRAUGHT Registered
1382030 BALLARAT BREWING CO BALLARAT Pending / Under Examination
1382043 ORIGINAL GOLD TOP Pending / Under Examination
1403331 GRAFTON DRAUGHT LAGER Registered
1403332 K KALGOORLIE BREWERY KALGOORLIE Registered
1205961 BOYD & HEAD COLLINGWOOD Registered