A RARE BLEND

Recently in May 2006 Mr. MC Gupta, Assistant Registrar of Trade Marks, Kolkata passed a order refusing registration to the mark RARE BLEND in relation to “alcoholic beverages”. The action was brought by Scotch Whisky Association (SWA) that had filed a trademark opposition against the registration of the mark RARE BLEND for alcoholic beverages.

To briefly tell you about SWA, take note that SWA represents the interest of Scotch Whisky Manufacturers, distillers and bottlers all over the world. SWA is very active in protecting Scotch which is a geographical Indication and takes actions against third party adoption and / or use of the words that are evocative of Scotland or United Kingdom and which may indicate the origin of the alcohol as from Scotland. Terms such as SCOT, SCOTT, SCOTCH, SCOTTISH, MC, MAC, BLEND, FORT WILLIAM, GLEN etc. have all have been held by the Courts and Registries in India as evocative of Scotland especially if used in relation whisky.

The contention of SWA was that the term BLEND is defined in the UK legislation as one of the methods during the preparation of Scotch Whisky and the term RARE is defined in dictionary as “one of its kind”. The term BLEND is also defined in the Indian Legislations as well in numerous books on Scotch Whisky as a process for mixing whiskies finding its origin back to Scotland.
Apart from the legislations there are numerous Scotch Whisky Manufacturers abd distillers that that use the term BLEND or RARE BLEND to describe their whiskies. Being so the grant of registration to the mark RARE BLEND would have been contrary to Section 9 of the Indian Trade Marks Act.

SWA led substantive evidence in support of its contentions and the Registrar was convinced that the grant of Registration to the mark RARE BLEND would be contrary to the bonafide interests of traders and that the mark RARE BLEND is not capable of being distinctive.

This case highlights that Indian Trade Marks Registry is sensitive to the issues which involve geographical indications and if the action is properly filed, then there is always a remedy.

SWA is also an example as how associations can be proactive about their rights and trademarks by taking constructive steps against third party adoption of geographical indications.