Last year, we reported on a possible trademark war between two breweries, CUB and Thunder Road Brewery.

Thunder Road Brewery launched a number of beers under old names, including “Brunswick Bitter, Since 1876” and “Richmond Pilsner, Since 1928”.  At the same time, Thunder Road Brewery (through “Intellectual Property Development Corporation” and “Elixir Signature Pty Ltd”) filed a number of trademark non-use applications against CUB and opposed the grant of a number of “new” CUB trademarks (reported here).

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.

The latest development reported by Fairfax is that CUB have defended the raft of non-use applications against a number of ‘historic’ trademark registrations for beer at an Australian Trademark Office Hearing on 17 April 2013.

Elixir Signature Pty Ltd have filed non-use applications against 54 trademarks (at a cost of over $13,000AUD in government fees alone).  We now await the decision of the Hearing Officer.  On current trademark office timing, the decision(s) should issue within 3 to 4 months.

Here is a list of the 54 non-use applications against CUB trademarks that have been filed in the name of Elixir Signature Pty Ltd:

Click here to view list.