Taiwanese And PRC Nationals Outflanked in Obtaining Chinese Trademark Registration of The Geographical Designation of Seven Celebrated Origins of Taiwanese Tea Leaves Products.

The Taiwanese Tea Manufacturers’ Association received information saying that the geographical designation of seven celebrated origins of renowned Taiwanese tea leaves products had been registered in the name of some Taiwanese nationals doing business in the PRC and/or PRC nationals.  These geographical designations include Li Shan (梨山), Dong Ding (凍頂), Xi Tou (溪頭), Shan Lin Xi (杉林溪), Sun Moon Lake (日月潭), A Li Shan (阿里山) and Jade Mountain (玉山).  Such outcome is feared to have devastating effect on the rights and interests of the Taiwanese tea manufacturers’ and dealers’ as well as the distribution of Taiwanese tea products in the PRC market.

 

The remedy available is to file application for cancellation of the Chinese trademark registrations of the above geographical designations pursuant to Article 16 of the Trademark Law of the PRC and then seek certification mark registration or collective membership mark registration of them in the name of the Taiwan Tea Manufacturers’ Association or relevant juristic persons to combat fake products.

 

Taiwan has a rich variety of special original products such as Hsin-Chu rice-flour noodles (新竹米粉), Fang-Liao wax jambu (枋寮蓮霧), and Chi-Shang rice (池上米).  Manufactures of these special local products and others that are well-received on foreign markets should make use of the geographical indication protection to safeguard the originality of their products.  Currently of all the well known Taiwanese geographical designations of origin, only “Chi-Shang Rice”, the geographical indication the Chi-Shang rice products is approved for registration as a certification mark.  (2005.12)

/EMA