萬國法律事務所

The Intellectual Property Court ruled that the trademark DARJEELING is a famous mark and repealed the appeal decision made by Ministry of Economic Affairs.

The Tea Board of India filed an opposition in 2007 after the French company Delta Lingerie SA registered the trademark “DARJEELING” for use in clothing. The Office of Intellectual Property decided to cancel the registration after reviewing the opposition. On appeal, the Ministry of Economic Affairs questioned whether the trademark was well-known and reversed and remanded the case to the Office of the Intellectual Property. The case was then brought to the Intellectual Property Court. The Court ruled in its judgment that although the products on which the two marks used are different, the two marks have the same capital letters “DARJEELIMG”, and therefore, have an impression of relevance. The mark owned by the French company has fulfilled the requirements of the dilution of the well-known mark owned by the Tea Board and should be cancelled. The Court also indicated that the more distinctive the mark is, the more exclusive the mark is, and the easier the mark’s distinctiveness is likely to be diluted.