Shandy Application

[AndrewC]

Hello everyone.  You may have heard about us (Moutere Brewing Co, the brewing arm of the Moutere Inn) attempting to trademark 'Shandy'. That is, the use of the term on canned, bottled or kegged product.

We're making a point with this application.  We're expecting the application to be turned down in which case Iponz will be treating the little guys and the big guys differently.  If it's accepted there really is something wrong with the system and it's not our intention to limit the use the the word Shandy.

Why Shandy?  Moutere Brewing is trying to remain as authentic as possible to the German heritage of the Moutere Inn and the general area and we'd like to have a Radler.  We can't.

I'll keep you updated on any happenings.

[Steph]

I'm with you Martin...personally find it hard to trust people's motivations as well.  NO need to bloody trademark "Craft Beer Capital" or most other things that are not unique at all.

[studio1]

sounds a bit like too many hand-shandies going on here...moving along...

[Geoff Griggs]

Latest news here...

http://www.stuff.co.nz/marlborough-express/news/5451928/Brewers-can...

[AndrewC]

We got our response from IPONZ.  The press release we provided is below in italics.  

Lots of comments in this forum, which is good. 

 

Moutere Brewing Fails in It’s Attempt To Trademark the Term ‘Shandy’

Moutere Brewing Co, the tiny brewer, based at the Moutere Inn near Nelson has been attempting to produce traditional German beers authentic to its’ German heritage which dates back to the 1850s.  With the term ‘Radler’ being trademarked by brewing giant DB they have been unable to offer the brew to their patrons.   So last month they applied to trademark the term ‘Shandy’ in an attempt to point out the lack of common sense by the Intellectual Properties Office allowing a style of beer to be trademarked in the first place.

 

The ruling has gone against the Moutere Brewing Co simply because the word is known and commonly used, something that the company believes was also true with ‘Radler’ in certain parts of New Zealand.  Says Co-Owner David Watson, “We want to make it clear that we agree with the IPONZ decision to not trademark  “shandy”, and have always maintained beer styles should not be trademarked. My concern is that if trade marking of little known beer styles continues  it will harm the brewing industry in the long run. The trade marking of “Radler” is good for DB but bad for the industry as a whole”

 

‘The trick seems to be to pick a seldom used term for trademarking – not whether it is a description or style.  It does leave the door open for anyone to trademark any particular style that is relatively unknown.’  Says Andrew.   ‘Just imagine if that had happened to Pilsner or Pale Ale’.

 

The ruling may even have a bearing on a related issue with cheese.  Fonterra holds a trademark on the term ‘Vintage’.  Says Andrew ‘It’s a very similar situation, and Fonterra have held the trademark since 1964.  At some point it actually harms the industry when trademarks are allowed to continue when industries and societies change.  Will the NZ cheese and beer industries be allowed to mature if growth is limited by a few dominating and protective companies?’

 

Moutere Brewing are unsure whether they will appeal the decision.  Says Andrew ‘We may yet try for another lesser known style just to see whether they’re still handing them out.’

 

 

 

[Martin townshend]

Well, it seems i am very much to blame for sending this thread on the madness of iponz rulings down the contract brewing route. i did ask for my initial comment to be removed, but quite some time had passed before anything could have done and this thread had come under fire.
Back to AndrewC's point. iponz clearly have their offices in a cave somewhere on the Chatham islands.
To say the term radler was not known to the public at the point of trademarking shows naivety to the extreme. At any one time, there are a quarter of a million UK passports in NZ, 45,000 Dutch, approx 30,000 German. This doesnt include other Europeans or the fact that NZers are some of the most culturally aware travellers in the world. add all of these folk together and it equates to poss a million people, or a quater of the population.
it does make me wonder who, (if anyone) iponz asked out of the population if they had heard of radler, let alone the term vintage!
So, it is now more so than ever we need the help of geoff griggs, niel miller and the like to blast this out to the masses. anyone got a friend in tv?

If Andrew C has gone about this Shandy aplication to highlight Iponz failings, then i can't argue with that. I so wish Iponz would wake up.
I apolgise for any typos. my fingers are too fat for my android keypad

[Simon Cooke]

agreed, although I original thought this Shandy TM application was a bit titchy and poking in the wrong direction, it seems the result is a positive one, and paints a pretty good picture of the muppets at IPONZ in a way that an average punter can relate too. 1 point for craft

[Stu McKinlay]

you should try the new Malthouse beer Martin... contract brewed via a contract brewer.

[Martin townshend]

I look forward to trying it. Isn't that how YB works?

But I was trying to stay on topic for the sake of this Shandy thing as opposed to my initial post on this thread

 

[kier]

.

[Trevor Cone]

http://www.stuff.co.nz/nelson-mail/news/5452303/Brewer-loses-bid-to...

The link to the Nelson article, it also has online comments.

 

Firstly... "Moutere Brewing Co, the tiny brewer, based at the Moutere Inn..."

>-err, its brewed by a BIG brewer >200kms away and arrives in a keg and you slap your own label on it.  (I, as do Beervana judges, understand real contract brewing and enjoy YB, 8wire etc)

 

Secondly....“We want to make it clear that we agree with the IPONZ decision to not trademark  “shandy”, and have always maintained beer styles should not be trademarked."

>-So you've wasted everyone's time to make a whiny point?

>-To fly the flag of injustice?, no, an old trick.... any publicity is better than none.

>-Your application fee to IPONZ  (and hence 3 articles in Nelson Mail) I suspect has been cheaper than the price of 3 adverts in the Nelson Mail.......

 

My comments may seem a bit harsh/critical .... but one of my lifes simple pleasures is a craft beer...and I would hate to see a faux brewey on every corner.