14th July 2011
DB Breweries Pleased Radler Trade Mark Upheld By IPONZ
DB Breweries’ (DB) decision to trade mark ‘Radler’ in 2003 has been upheld by the Intellectual Property Office of New
Zealand (IPONZ) which has decided the trade mark should not be cancelled.
The decision follows a three-day hearing during May in Auckland and ends a legal process which began over two years ago.
In April 2009, DB received notification from lawyers James & Wells that their client, Society of Beer Advocates Inc (SOBA) had applied to have DB’s trade mark revoked. SOBA argued
that ‘Radler’ is a generic term for a style of beer, something which DB has long rejected.
DB’s general manager marketing, Clare Morgan, says the brewer is pleased with IPONZ’s decision to uphold the trade mark
‘Radler’ which it registered in 2003 to protect the significant investment DB has made in creating and marketing the
brand in New Zealand.
“We didn’t do it to prevent competition or restrict consumers’ access to different types of beer products,” she says.
“Our trade mark has never stopped shandy or lemon or lime flavoured beverages being made by local brewers under their
own brand name. In fact, this is what one brewery is already doing.”
IPONZ has awarded costs to DB however Ms Morgan says DB will not be seeking them from SOBA.