The trademark DARJEELING NOUVEAU in relation to “tea” falling in class 30 has been refused registration by the US Patent and Trademark Office's Trademark Trial and Appeal Board (Board).
The opposition primarily involved the presence of DARJEELING in the mark DARJEELING NOUVEAU applied by The Republic of Tea Inc. Tea Board of India filed the opposition on May 1, 2000.
It is an interesting case because while The Republic of Tea Inc had disclaimed DARJEELING in the mark DARJEELING NOUVEAU, the Board held that that DARJEELING in the mark DARJEELING NOUVEAU was similar to the certification mark DARJEELING.
As a counter attack The Republic of Tea Inc had moved to cancel the certification mark DARJEELING. The Board office dismissed this action of The Republic of Tea Inc.
Interestingly The Republic of Tea Inc also happens to be one of the licensees of Tea Board's DARJEELING mark.
The Board held that there is bound to be confusion because of interalia similarity in sound, appearance and overall impression. Merely by disclaiming the word DARJEELING does not mean that there will be no confusion as the disclaimer also forms the part of the trademark and cannot be forgotten. The Board further held that there are no other distinguishing elements in the mark except DARJEELING.
The Board also held that DARJEELING is geographical source indicator in relation to tea.
The recognition of DARJEELING as a geographical indication and a certification mark by the US Tribunals and stopping one of its own companies to register a trademark comprising the word DARJEELING is a significant step forward in protection of geographical and traditional wealth of India. This development augurs well for the developing Indian industry and will have global ramifications.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment