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You Can’t Corner “Better”: TRADIE BEER BUILT BETTER Survives Opposition

If your brand is built on praise, don’t be surprised when you can’t block others from using it.

That’s the message from a recent Trade Marks Office decision where Better Beer Holdings tried — and failed — to stop TRADIE BEER BUILT BETTER from registering.

The Players

  • Better Beer Holdings Pty Ltd – behind the BETTER BEER brand, co-founded by Nick Cogger and comedy duo The Inspired Unemployed (with a strong “tradie vibe” in its marketing).

  • TRADIE Holdings Pty Ltd – owner of the TRADIE brand, here applying for TRADIE BEER BUILT BETTER for beers and related beverages.

The Opposition

Better Beer ran three grounds:

  1. s 44 – Deceptively similar to their BETTER BEER marks.

  2. s 60 – Reputation in BETTER BEER would make confusion likely.

  3. s 42(b) – Use would be contrary to law (misleading under the ACL).

Why the Case Failed

1. Section 44 – Not deceptively similar

  • Both marks share “beer” and “better” but have different overall impressions.

  • TRADIE is a prominent lead element; “beer built better” flips the word order and creates its own alliteration.

  • “Better beer” is a laudatory/descriptive phrase — unlikely to be monopolised.

  • No “real tangible danger” of confusion when compared as wholes.

2. Section 60 – Reputation not enough

  • Sales and promotion were significant, but much use was with the ribbon device or in get-up, not the plain words alone.

  • Even assuming reputation in BETTER BEER, it lacked the “communicative freight” to make TRADIE BEER BUILT BETTER risky.

  • The “tradie” theme in marketing wasn’t unique enough to bridge the gap — plenty of beer is pitched to tradies.

3. Section 42(b) – ACL claims collapse

  • Once confusion wasn’t made out under s 60, misleading/deceptive conduct couldn’t be made out either.

Decision

  • All grounds failed — TRADIE BEER BUILT BETTER proceeds to registration.

  • Costs awarded against Better Beer.

IP Mojo Takeaways

  1. Descriptive marks are weak weapons – “Better Beer” is the kind of praise any brewer might use. Even with strong sales, it’s hard to exclude others.

  2. Whole-of-mark comparison matters – Prominent extra elements (like “TRADIE”) and re-ordered slogans can be enough to avoid deception.

  3. Reputation needs distinctiveness – It’s the mark’s pull as a badge of origin that counts, not just marketing volume.

  4. Costs risk is real – Lose on all grounds, and you’re paying the other side’s costs.

Citation: Better Beer Holdings Pty Ltd v TRADIE Holdings Pty Ltd [2025] ATMO 147