The CEO of Thunder Road Brewing has indicated he is challenging up to 70% of Fosterâs trademarks for non-use, according to the The Age today.
Thunder Road Brewery, a recent arrival to the brewery scene in Australia, have launched a number of beers under old names, including âBrunswick Bitter, Since 1876â and âRichmond Pilsner, Since 1928â. The registered trade marks reportedly in Thunder Roadâs sights include Tigers Head, Abbots Lager, Richmond Lager, Cairns Draught, Brisbane Bitter, Kent Old Brown, NQ Lager and Carlton Malt Ale, among others.
Under the Trade Marks Act a non-use application may be made to remove a registered trade mark if the mark has not been used in a three year period prior to the application for removal.
A hearing is presently underway, with Fosterâs indicating they would defend its trade marks and heritage.
Some of Fosterâs trade marks that are currently the subject of non-use action include:
Trade Mark No. | Beer | Registered Mark |
758333 | TIGER RICHMOND LAGER | Â |
564232 | ABBOTS LAGER | Â ABBOTS LAGER |
626215 | TIGER HEAD | Â |
497121 | CAIRNS DRAUGHT | Â |
457529 | KENT OLD BROWN | Â |
228982 | CARLTON MALT ALE | Â |
300006 | BRISBANE BITTER | Â |
261041 | NQ LAGER | Â |
67580 | MCCRACKEN’S INVALID STOUT | Â |