IP In The News – 2 November 2015

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Summary: Our regular update on developments in the world of IP, this week featuring an EU case involving the owners of the collective Community Trade Mark for Darjeeling for tea and Delta, a French company.

Collective marks and trade marks


The owners of the collective Community Trade Mark for Darjeeling for tea (the collective mark being designed to be used by members of the Indian Tea Board who sell tea derived from the geographical area in India called Darjeeling) successfully persuaded the EU General Court to send back a decision of the OHIM Board of Appeal for reconsideration. The Board of Appeal had failed to adequately consider whether allowing a trade mark for a device including the word Darjeeling in respect of ladies underwear took unfair advantage of the collective mark.

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