The name ‘Darjeeling Tea’ is tantamount to one of the finest tea produced in the world. Known for
700 WordsApr 23, 20193 Pages
The name ‘Darjeeling Tea’ is tantamount to one of the finest tea produced in the world. Known for its characteristic quality and colour, it refers to tea which has been cultivated, grown, produced, manufactured and processed in the designated 87 tea gardens in the district of Darjeeling in West Bengal. It is said that Darjeeling tea developed around 1840 after Dr. Campbell planted tea seeds in his garden at Beechwood, Darjeeling, 7000 ft above sea level as an experiment. In order to ensure the reputation of DARJEELING tea, the Tea Board has registered the "DARJEELING Logo" and "DARJEELING” (the word mark) as certification marks and geographical indications in India and has initiated proceedings in various jurisdiction to protect the mark…show more content…
The Tea Board of India has successfully protected the Darjeeling tea from infringement in China through various opposition proceedings relating to the Darjeeling logo and word mark against Uni-President China Holdings Limited and Hangzhou Qingxin Tea Co., Limited.
• Uni-President China Holdings Ltd is an investment holding company established in 2007. The Company's subsidiaries are engaged in the manufacturing and sale of beverages and instant noodles in the People's Republic of China and it currently has an annual revenue of 28.96 bn HKD.
• Hangzhou Qingxin Tea Co., Ltd. was established in 1999 and is engaged in production, processing and export of tea and tea products and has annual sales of about 4 million US dollars.
Certain opposition proceedings which were initiated against the aforementioned companies related to registration of the word mark DARJEERLING which was deceptively similar to DARJEELING mark owned by Tea Board. In addition, a couple of opposition proceedings also related to logo marks which were also deceptively similar to the Darjeeling Tea logo.
However the Tea Board endeavor to protect the Darjeeling Tea mark has met with failure in two cases in China. In the first case, the Tea Board application for Certification mark applications for DARJEELING word and logo in China were rejected on account of prior registered mark. The Chinese characters in the prior mark translate to ‘DA JI LING’