The CEO of Thunder Road Brewing has indicated he is challenging up to 70% of Foster’s 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 “Brunswick Bitter, Since 1876” and “Richmond Pilsner, Since 1928”. The registered trade marks reportedly in Thunder Road’s 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 Foster’s indicating they would defend its trade marks and heritage.
Some of Foster’s trade marks that are currently the subject of non-use action include:
| Trade Mark No. | Beer | Registered Mark |
| 758333 | TIGER RICHMOND LAGER | |
| 564232 | ABBOTS LAGER | ABBOTS LAGER |
| 626215 | TIGER HEAD | |
| 497121 | CAIRNS DRAUGHT | |
| 457529 | KENT OLD BROWN | |
| 228982 | CARLTON MALT ALE | |
| 300006 | BRISBANE BITTER | |
| 261041 | NQ LAGER | |
| 67580 | MCCRACKEN’S INVALID STOUT | |