An ongoing dispute for the MANUKA HONEY trade mark demonstrates the importance of identifying your intellectual property (IP) and protecting that IP in the markets in which you trade.
The Mānuka Honey Appellation Society (MHAS) in New Zealand has applied to register a certification trade mark for MANUKA HONEY, which would limit the use of the term ‘Mānuka Honey’ in New Zealand to strictly New Zealand-based products.
If MHAS’s trade mark application is successful in New Zealand, it will have little impact on the New Zealand market as almost all honey is produced domestically. However, MHAS also wants to register MANUKA HONEY in Australia, the US, UK, EU and China.
Australian honey producers oppose the registration of this trade mark. They argue that there is no scientific difference between the New Zealand mānuka tree and the Australian tea tree, so the name mānuka cannot be limited to New Zealand honey. If MHAS’s international trade mark applications are successful, Australian honey producers would be barred from using the term ‘Mānuka Honey’ in relation to their honey in the respective countries.
Intellectual property can be vital to your business. This dispute highlights the importance of identifying the IP in your business and making sure it’s protected.
DISCLAIMER: All the information published in Commercial eSpeaking is true and accurate to the best of the authors’ knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this article. Views expressed are those of individual authors, and do not necessarily reflect the view of this firm. Articles appearing in Commercial eSpeaking may be reproduced with prior approval from the editor and credit given to the source. Copyright, NZ LAW Limited, 2019. Editor: Adrienne Olsen. E-mail: adrienne@adroite.co.nz. Ph: 029 286 3650 or 04 496 5513.
Aspiring Law is proud to be a member of NZ LAW Limited, an association of 53 law practices working together to proactively share ideas and expertise for the benefit of our clients.