Kolkata, Mar 6 (IBNS) Tea Board, India on Tuesday said it has been successful in Taiwan in seeking rejection of a trademark application for Darjeeling in respect of articles of clothing filed by a French company, Delta Lingerie on the basis of its certifications marks DARJEELING and the reputation of Darjeeling tea.
"Tea Board welcomes its first victory against Delta Lingerie and the important recognition of DARJEELING as a highly well-known and distinctive certification mark and geographical indication in Taiwan deserving protection against dilution," read an official statement.
"The determinative issue in any opposition proceeding is whether registration of the mark applied for is likely to confuse consumers. In the present case this was a concern as the goods of the parties were different - items of clothing v. tea."
Making important observations with regard to protection of well-known geographical certification marks against dilution, the Supreme Administrative Court of Taiwan upheld the decision of the Taiwan Intellectual Property Office and the Intellectual Property Court that although goods designated by the marks are different and the relevant consumers may not be confused, due to the fame of the Darjeeling as a well-known place of tea protection in India, use of a mark containing the word DARJEELING on unrelated goods would dilute and distract the single source indication of the DARJEELING marks and diminish the distinctiveness and fame thereof.
The Supreme Administrative Court of Taiwan also sustained the observations of the lower courts that the opposed mark which contained the identical designation DARJEELING was ‘highly similar’ to Tea Board’s DARJEELING certification marks.
"The decision is very significant in that it recognizes Tea Board’s long-time marketing and promotional efforts relating to Darjeeling tea and its consistent and diligent steps in protecting the DARJEELING geographical indication and certification marks,"said the statement.
Source: http://www.indiablooms.com/NewsDetailsPage/2012/newsDetails060312p1.php
"Tea Board welcomes its first victory against Delta Lingerie and the important recognition of DARJEELING as a highly well-known and distinctive certification mark and geographical indication in Taiwan deserving protection against dilution," read an official statement.
"The determinative issue in any opposition proceeding is whether registration of the mark applied for is likely to confuse consumers. In the present case this was a concern as the goods of the parties were different - items of clothing v. tea."
Making important observations with regard to protection of well-known geographical certification marks against dilution, the Supreme Administrative Court of Taiwan upheld the decision of the Taiwan Intellectual Property Office and the Intellectual Property Court that although goods designated by the marks are different and the relevant consumers may not be confused, due to the fame of the Darjeeling as a well-known place of tea protection in India, use of a mark containing the word DARJEELING on unrelated goods would dilute and distract the single source indication of the DARJEELING marks and diminish the distinctiveness and fame thereof.
The Supreme Administrative Court of Taiwan also sustained the observations of the lower courts that the opposed mark which contained the identical designation DARJEELING was ‘highly similar’ to Tea Board’s DARJEELING certification marks.
"The decision is very significant in that it recognizes Tea Board’s long-time marketing and promotional efforts relating to Darjeeling tea and its consistent and diligent steps in protecting the DARJEELING geographical indication and certification marks,"said the statement.
Source: http://www.indiablooms.com/NewsDetailsPage/2012/newsDetails060312p1.php