Brewer loses bid to trademark name

The Moutere Brewing Co has lost its bid to trademark the term Shandy.

It made the application to the Intellectual Properties Office after being frustrated by the decision confirming DB Breweries’ right to trademark the term Radler – the traditional German name for a style of beer also known in New Zealand as a shandy.

Moutere Brewing Co owners David Watson and Andrew Cole are still deciding whether to appeal despite their result being “expected”.

Mr Watson said they were “perfectly happy” with the decision in that they believed styles of beers should not be afforded trademarks. However, the Intellectual Properties Office was drawing a distinction between shandy being a known term whereas Radler wasn’t at the time it was trademarked, he said.

“My concern is that if trademarking of little-known beer styles continues, it will harm the brewing industry in the long run. It you went back, under that logic 20 or 30 years ago, someone could have trademarked Pinot Noir.”

Mr Cole said the trick seemed to be picking a seldom-used term for trademarking – not a description or style.

source : http://www.stuff.co.nz/business/industries/5452580/Brewer-loses-bid-to-trademark-name