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It s Unique
Grown in century old Tea Gardens, these tea bushes are nurtured by intermittent rainfall, sunshine and moisture laden mellow mists. The soil is rich and the hilly terrain provides natural drainage for the generous rainfall the district receives. Even the tea pluckers, well aware of the status their produce enjoys throughout the world, pick only the finest two leaf and the bud to enhance the unique flavour which has been described as Muscatel .
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It s Unique
Adherence to this high quality profile, results in extremely low yields. The Darjeeling Planter has never succumbed to the temptation of increasing yields at the expense of quality and makes every effort to ensure the highest quality standards, in spite of the high costs involved. It would not be an overstatement to say that Darjeeling Tea is by far the finest and most sought after Tea in the world.
Different Tastes
The flavours of Darjeeling Tea differ from season to season. Easter Flush (March - April) : The leaves are tender and very light green in appearance. Spring Flush (May - June) : The leaf has a purplish bloom. Autumn Flush (October - November) : The Tea during this period has a light coppery tinge and liquors have a delicate character. Winter Months (December - February) : Dormant period with no production.
The Logo
The Darjeeling Logo is a property of The Tea Board of India. It was launched in 1983. It is a symbol that verifies that the packet / caddy etc contains 100 % pure Darjeeling, unblended with teas from any other growth.
The Logo
Legal Protection
The Trade Marks Act 1999 DARJEELING word and logo are registered certification marks of Tea Board; The Geographical Indications of Goods (Registration and Protection) Act, 1999: DARJEELING word and logo were the first Geographical Indications to be registered in India in the name of the Tea Board; The Copyright Act, 1957: The DARJEELING logo is copyright protected and registered as an artistic work with the Copyright Office.
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In context
Two factors contribute to such an exceptional and distinctive taste, namely geographical origin and processing. Darjeeling tea has been cultivated, grown and produced in tea gardens in a well-known geographical area the Darjeeling district in the Indian state of West Bengal for over one and a half centuries. The tea gardens are located at elevations of over 2000 metres above sea level.
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TBI thus computes and compiles the total volume of Darjeeling tea produced and sold in the given period. No blending with teas of other origin is permitted.
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India: Regn ot TM
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What is a CTM?
A certificate trade mark means a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of trade of manufacture of goods or performance of service quality, accuracy or other characteristics from goods or services not so certified. (Trade Marks Act, 1999 India; Gazette, December 30, 1999)
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Benefits GI
No person shall be entitled to institute any proceeding to prevent or recover damages for the infringement of unregistered geographical indications. A registered proprietor and all authorized users whose names have been entered in the register get the right to obtain relief in respect of infringement of the geographical indications.
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Benefits of GI
A registered geographical indication is infringed by a person who, not being an authorized user thereof,
uses such geographical indications by any means in the designation or presentation of goods that indicates or suggests that such goods originate in some other geographical area other than the true place of origin of the goods in a manner which misleads the public; or uses any geographical indications in such a manner which constitutes an act of unfair competition including passing off in respect of registered geographical indications; or uses another geographical indication to the goods which, although literally true as to the territory, region or locality in which the goods originate, falsely represents to the public that the goods originate in the region, territory or locality in respect of which such registered geographical indications relate.
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Purposes of GI
The purpose of the GI Act is to create a public register, and The GI Act confers public rights.
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Status of registration of GI
The registration of the marks applied for by the TBI has not yet been granted. The Registrar has, however, after examining the application for registration filed by the Tea Board of India advertised for any expression of opposition. It is only after considering opposition, if any, that the Registrar may decide to register the GI of the Tea Board.
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Roles/ responsibilities
The Tea Board of India
Is the sole representative of tea producers in India, is responsible for the implementation of the government s regulations and policies. Has the authority to administer all stages of tea cultivation, processing and sale (including the Darjeeling segment) through various orders issued by the government. Works in close co-operation with the Darjeeling Planter s Association (DPA), which is the sole producers forum for Darjeeling tea.
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Invalidation Action
TBI filed an invalidation action against International Tea KK, a Japanese Company, over the registration of the Darjeeling logo mark, namely, Darjeeling women serving tea/coffee/coca/soft drinks/fruit juice in the Japanese Patent Office (JPO) on 29 November 1996 with the trademark registration number 3221237.
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Silver lining!
However, the non-use cancellation action filed by the Tea Board succeeded, because the registered proprietor Yutaka Sangyo was not able to place on record sufficient evidence to prove the use of the mark in Japan.
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GI troubles in France
The owner of the GI can take appropriate judicial proceedings only after the impugned application has proceeded to registration. The net effect of such a provision has been that despite India s protests, Darjeeling has been misappropriated as a trade mark in respect of several goods in class 25, namely, clothing, shoes and headgear.
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GI troubles in France
clothing, shoes, headgear and tea are not of the same nature, function and intended use, produced in different places and sold through different networks. The (French) Examiner also held that even if the applicant has slavishly copied the Tea Board s Darjeeling logo (being the prior mark), the difference in the nature of the respective goods is sufficient to hold that the applicant s mark may be adopted without prejudicing the Tea Board s rights in the name Darjeeling .
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GI success in Russia
The Tea Board filed an application for unauthorized use by a company of the word Darjeeling . This application was objected to on the ground of conflict with an earlier registration of the identical word by a company named Akorus . The Russian Patent Office overruled the objection and accepted the application of Tea Board of India for the word Darjeeling .
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GI troubles in US
The Tea Board is opposing an application filed by its licensee in United States to register Darjeeling nouveau ( nouveau is the French for new ) relating to diverse goods and service such as clothing, lingerie, Internet services, coffee, cocoa and so on in respect of first flush Darjeeling tea. The registration application is under consideration even though Darjeeling is already registered under US CTM law.
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GI troubles in RoW
In several cases in the Rest of the World (RoW) the Tea Board of India opposed attempted registration and unauthorized use of the word Darjeeling in the Patent Offices of:
1. 2. 3. 4. Germany, Israel, Norway and Sri Lanka
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Lessons
TBI appears to be unsatisfied with the policy as well as the approach of the patent authority in Japan and France. Multi-nation register for goods other than wines & spirits required A note was submitted for the Doha Round of WTO for extension of protection under Article 23 for products other than wines and spirits is required where no legal platform exists to register a GI or a CTM which is a TRIPS obligation, for example Japan
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