SYgle > News > New Zealand loses eight-year manuka honey trademark battle

New Zealand loses eight-year manuka honey trademark battle

Tag：New Zealand manuka honey trademark battle produce 2023-05-26 13:24

An application to register manuka honey as a certification mark has been refused by the Intellectual Property Office of New Zealand (IPONZ).

Under the proposed regulations filed in support of the application, the certification mark would only be used on products if “the goods are honey, which is manuka honey according to the laws of New Zealand” and “are produced in New Zealand”.

Manuka honey is a monofloral honey produced from the nectar of the manuka tree, Leptospermum scoparium, which is indigenous to New Zealand.

The application was made to IPONZ in 2015 seeking registration for manuka honey as a certification trademark in Aotearoa, New Zealand, for honey produced in the country. The mark was formally accepted in April 2018 under the name of the Manuka Honey Appellation Society (MHAS). However, the Australian Manuka Honey Association Limited (AMHA) opposed the application.

AMHA chairman Ben McKee said: “We are delighted with the judgement handed down by the IPO, which confirms what we have been saying since New Zealand producers began this legal process nearly eight years ago – our product has a long history of being recognised as manuka honey, it is produced like the NZ product is, and it also offers the sought-after antimicrobial properties that consumers around the world value so highly.”

AMHA said the decision is a “sensible outcome” that allows Australian beekeepers to fairly market their produce and “sees NZ following other precedent around the world that Manuka honey is a descriptive term”.

McKee described the ruling as positive news for Australian manuka producers and the broader industry, such as the transporters and sellers of the honey.

Mānuka Charitable Trust said it was “disappointed but undeterred” by the ruling on manuka honey.

Pita Tipene, chair of the Mānuka Charitable Trust, commented: “Today’s finding reflects the technicalities and limitations of conventional IP law to protect indigenous rights. It is disappointing in so many ways, but our role as kaitiaki (guardians) to protect the mana, mauri, and value of our taonga species, including manuka on behalf of all New Zealanders, is not contestable.”

The Mānuka Charitable Trust said the ruling is “out of step” with the recent New Zealand and European Union ‘Free Trade agreement’ that includes a definition for manuka as the Māori word used exclusively for the Leptospermum scoparium tree grown in Aotearoa.

Previous：Tropicana debuts long-life versions of fruit juice range

Next：Hillenbrand to acquire Schenck Process Group for $730m