Opposition by Manuka Honey Appellation Society Incorporated to registration of trade mark application number 1869737 (class 30) – AUSTRALIAN MANUKA with flower device - in the name of Lawrence Michael Howes

This matter concerned an opposition by Manuka Honey Appellation Society Incorporated (the Opponent) to the registration of the trade mark application number 1869737, "AUSTRALIAN MANUKA" with a flower device, in Class 30, in the name of Lawrence Michael Howes (the Applicant). The opposition was heard by Adrian Richards, a delegate of the Registrar of Trade Marks.

The Opponent sought to prevent the registration of the trade mark on several grounds, including under sections 42(b), 43, and 60 of the *Trade Marks Act 1995* (Cth). The core of the dispute revolved around whether the term "manuka" referred exclusively to honey originating from New Zealand, and whether its use in New Zealand constituted use as a trade mark. The Opponent also presented evidence regarding the unique antibacterial properties of honey derived from the *Leptospermum scoparium* plant, often referred to as manuka.

The delegate considered the evidence presented by both parties, which included scientific publications, industry journals, newspapers, dictionaries, and place name indexes. Crucially, the delegate found no evidence of the term "manuka" being used as a trade mark. Without evidence of trade mark use, the delegate determined that the grounds of opposition, particularly under section 60(a) which relates to use as a trade mark, could not be established.

Consequently, the delegate decided to register the trade mark. The delegate ordered that the trade mark proceed to registration one month from the date of the decision, unless a notice of appeal was filed. The delegate also awarded costs against the Opponent, as is usual when costs follow the event.