LAW FOR ALL

GOLDEN TEA,=The basis for seeking cancellation is that the term ‘GOLDEN TEA’ is used to identify a category of tea leaves by the Tea Board of India and the respondent cannot have exclusive right to the use of term ‘Golden Tea’ as their trade mark. Further, all person connected with the tea trade are entitled to use the word ‘GOLDEN TEA’; Device of Cup and Saucer and ‘The Symbol of the best CTC tea’. These are purely descriptive expression and no monopoly rights can rest on any one entity. We agree with this contention in toto. But does that mean the impugned trade mark deserves be ousted from the register lock, stock and barrel? 12. In normal circumstance we would have acted that way. But in this case doing so would confer unfair advantage to the applicant whose style and manner of use of KATARIA’s REAL GOLDEN TEA with device of saucer and cup in the same red label is no different from the respondent’s RAVI’s GOLDEN TEA with device of tea cup in red label. 13. In our view, the end of justice would be met if the respondent label is amended so that the trade mark RAVI’s is given extra prominence and should be at least of the same size as that of GOLDEN TEA, if not larger than it. The requisite amendment to the registered trade mark should be submitted with 30 days from the date of receipt of this Order to the Registrar of Trade Marks at the appropriate trade mark office of the respondent firm in the prescribed form TM – 38 which should then be processed and disposed of expeditiously in accordance with law. 14. ORA/163/2009/TM/AMD is accordingly disposed off in terms of Para 13 above. There is no order as to costs.