Charles Russell Speechlys advise Australian Manuka Honey Association Ltd in their opposition against the certification trade mark application for MANUKA HONEY
Our Intellectual Property team has successfully opposed a UK trade mark application for a certification mark for MANUKA HONEY made by the Manuka Honey Appellation Society Incorporated ("MHAS"), a body representing the interests of the New Zealand Manuka honey industry. MHAS claimed that the term Manuka honey referred only to honey that originated from New Zealand and had specific attributes identified by the applicant.
The opposition was heard in September 2021 and was the first IPO hearing before a panel of three hearing officers rather than the usual one, reinforcing the exceptional nature and importance of the case which has been ongoing for 3 years. In rejecting the MHAS’ application, the UKIPO found that the term Manuka honey is a purely descriptive term for a type of honey irrespective of its country of origin. The IPO found there was no evidence to indicate that the public understood Manuka honey to originate only from New Zealand; on the contrary Manuka honey describes honey from other geographical locations including Australia in particular, and closer to home there was evidence of Manuka honey being produced in Cornwall.
This is a hugely significant result for our clients and is important, not just to the Australian Manuka Honey industry, but all honey producers (particularly outside New Zealand). Manuka honey has become well known for its anti-bacterial or health giving properties industry and is used not only for consumption but in healthcare, such as wound dressings in an industry worth many millions of pounds.
The dispute between the Australian Manuka honey industry and the New Zealand Manuka honey industry regarding the right to refer to honey as Manuka honey is part of an international dispute with further proceedings in New Zealand, China, the US and the EUIPO. The dispute has been widely reported by various media outlets including the Guardian, the Financial Times and the Telegraph.
Intellectual Property Partner Mary Bagnall said: "Whilst this decision may appear common sense to most people, had the MHAS succeeded it would have had a devastating effect on Manuka honey producers and businesses using Manuka honey. In reaching its decision, the IPO accepted there was significant evidence that the general public understands Manuka honey is not produced exclusively in New Zealand but rather originates from a number of places including Australia."
Mr Callander of the Australian Manuka Honey Association said the IPO decision would be welcomed by the entire Australian industry, which extends beyond manuka producers to the thousands of individuals and organisations engaged with manuka honey through research, logistics, manufacturing and sales. "The market forecast to be worth $1.27 billion globally by 2027 and offering vast potential for local innovation and manufacturing,” Mr Callander said. “The Australian industry has fought hard to protect its rightful interests in this growing market, and will continue to do so. This decision is an important one that we hope will be followed by other jurisdictions where trademark certification has been sought."
