Honey makers in New Zealand have suffered a blow after losing their bid to trademark the term 'mānuka honey'.
It is a trans-Tasman battle dating back to 2015 when an application was made by the Mānuka Honey Appellation Society to the Intellectual Property Office of New Zealand (IPONZ) which was trying to get mānuka honey trademarked in New Zealand.
The society argued mānuka is a Māori word and a distinctive product of New Zealand.
But in response, the Australian Mānuka Honey Association has been appealing the effort in multiple markets, arguing honey produced across the ditch can also be called mānuka.
In a ruling on Monday morning, IPONZ said it refused the application to register mānuka honey as a certification mark on several grounds.
"This case represents a trans-Tasman tussle of extraordinary proportions over trademark rights for mānuka honey," assistant commissioner of trademarks Natasha Alley said in the decision.
"It is one of the most complex and long-running proceedings to have come before the Intellectual Property Office of New Zealand."
The ruling said "mānuka honey" was descriptive of the goods of the application and therefore not registrable under the Trade Marks Act 2002.
"In terms of the impact of this decision in New Zealand, it may well be that it has little impact, if any, on the status quo and current practices," Alley said.
"This is because, at least for now, mānuka honey produced outside New Zealand cannot be imported into New Zealand for biosecurity reasons."
IPONZ ordered the society to pay the Australian Manuka Honey Association costs of $6430.
Both parties have 20 working days to appeal the decision to the High Court.
Mānuka Charitable Trust said they are disappointed but undeterred by the ruling.
"Today's finding reflects the technicalities and limitations of conventional IP law to protect indigenous rights," said Pita Tipene, Chair of the Manuka Charitable Trust.
"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 mānuka on behalf of all New Zealanders is not contestable."
The trust said they're still "resolute" in protecting the Māori language and the "precious taonga" (treasure).
"If anything, it has made us more determined to protect what is ours on behalf of all New Zealanders and consumers who value authenticity. We will take some time to absorb the details of the ruling and consider our next steps," Tipene said.
"We are humbled, strengthened and grateful for the ongoing support we've received for this kaupapa from iwi, across all aspects of the industry and government. We have solidarity as we seek to protect what is a precious taonga and will continue to protect what is ours."
Tipene added the ruling by IPONZ is "out of step" with recent New Zealand and European Union decisions.
"This ruling is out of step with the recent New Zealand and European Union (EU) Free Trade Agreement which includes the recognition of mānuka as a Māori word and MĀNUKA HONEYTM as a separate tariff line recognising the inherent distinctiveness of mānuka as a taonga species exclusively from Aotearoa New Zealand," Tipene said.
Meanwhile, Australian Mānuka Honey Association chairman Ben McKee said they're "delighted" a "common sense outcome" has been achieved.
"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 mānuka 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," McKee said.
There is strong demand for Australian honey from countries like the United States, Japan, China and Germany, McKee said.
"The fact that even authorities in New Zealand cannot find a way to support the trademark claims of NZ producers should, we hope, bring this legal dispute to an end once and for all," McKee said.
This decision comes after the UK Intellectual Property Office also rejected an application by the Mānuka Honey Appellation Society to trademark the term 'mānuka honey' in the UK.
