EU Trademark for Darjeeling Tea

EU Trademark for Darjeeling Tea

Darjeeling Tea…Is it strong enough?

The European General Court (EGC) has requested a review on the geographical indication (GI) for the Darjeeling range of tea to asses if it has a strong enough reputation to knock out a Community trademark (CTM) application for the same term covering lingerie products.

The Tea Board had their opposition rejected by the OHIM and this was recently upheld by EGC against a CTM application filed by France-based Delta Lingerie.

Delta’s application covered lingerie, retail services and telecommunications.

Despite upholding OHIM’s rejection of The Tea Board’s opposition to retail services and telecoms the court said that ‘Darjeeling’, when used in connection with lingerie, “evokes images of exocitism, sensuality and mystery, which are connected, in the mind of the relevant public, with the representation of the Orient’. It went on to say: a “risk of unfair advantage cannot be ruled out” for the CTM covering lingerie products.

The court ordered OHIM to review the strength of the The Tea Board’s GI and whether it is likely that Delta would be able to trade on the goodwill established in consumers’ minds.

We await to hear!

Trademark

EU Trademark application