Grant of license and terms
- The Proprietor hereby grants to the Licensee a non-exclusive license to use the Mark on the packaging in which the licensed goods are packed in the Territory for commercial use in accordance with the terms and conditions stipulated herein.
- In consideration of the rights of the authorized or permitted use granted hereunder, the Licensee shall pay to the Proprietor a one-time registration fee and a renewal fee in accordance with Schedule III towards its operational and administrative costs in controlling the use of the Mark.
- This License shall come into force from the date hereof and shall continue for one year from the date of signing hereof and shall be subjected to renewal each year thereafter unless terminated in writing by either party for reasons of breach of the conditions of this License.
- The rights granted under this License are valid for the territory of India only.
- The Licensee shall immediately stop using the Mark in the event the agreement is not renewed or the agreement is terminated.
- The Licensee agrees that the Proprietor’s authorized representatives shall be entitled to inspect, prior to and after the grant of the rights herein, as and when desired by the Proprietor, the Licensee’s premises for the purpose of inspecting the same and/or taking samples of the tea and/or packaging used by the Licensee.
Representations and Warranties
- The Proprietor warrants and represents to the Licensee that it is the owner of the Mark and that the Mark or any part of it does not and will not infringe or otherwise conflict or prejudice or interfere with any rights whatsoever of any third parties.
- The Proprietor warrants and represents to the Licensee that the power of issuing and canceling a license vests solely with the Proprietor and that any person except an authorized user shall not use the Mark.
- The Licensee represents and warrants that it shall only use the Mark upon or in relation to retail packs of the licensed goods up to five kilograms, containing hundred percent (100%) tea which has been cultivated, grown or produced in the tea gardens situated within the territory of India and shall observe such other standards of quality as are laid down by the Proprietor under this agreement.
The Licensee represents and warrants that it shall use the Mark on the licensed goods in the following manner:
- The logo should be of such size, which is easily noticeable to the ordinary consumer.
- The color of the INDIA TEA Logo shall be deep black.
- All packets shall bear the statement “Certification Trade Mark of the Tea Board, India, under No.1366266, used under license” right beneath the Mark.
- The Licensee shall not use the Mark in a manner which is deceptive or which would bring the Mark into disrepute.
- In particular, but without limitation of or prejudice to the generality of the foregoing, the Licensee undertakes to refrain from:
- Registering the Mark or any deceptive variations thereof as a trade mark or any other form of intellectual property including copyright in respect of any goods;
- Using for any purpose a mark identical with or similar to the Mark except as permitted by the Proprietor in this Agreement; using the name ‘India Tea’ as part of its corporate name or trading style
- Opposing the use and/or registration by the Proprietor of the Mark as a certification mark/ geographical indication or similar right including copyright or contesting the validity of any such registration or pending application(s) before any forum;
- Causing or assisting any person to do any of the things mentioned in the above sub-clauses.
- The Licensee shall not sub license or assign or otherwise transfer the rights granted under this License.
- The obligations set out in the above clause 3.6 hereinbefore shall survive termination of this Agreement for whatsoever reason.
- The Licensee undertakes to bring to the notice of the Proprietor all cases of wrongful use or infringement of the Mark or attempted registration of the Mark or any deceptive variations thereof as a trade mark or otherwise. In the event of the Proprietor undertaking any action to restrain or punish such act or acts, the Licensee agrees to co- operate fully and freely with the Proprietor and undertakes to do all such acts and things as the Licensee shall reasonably require to assist the Proprietor in any legal proceedings.
The use of the Mark is restricted to tea which strictly meets the following requirements to the extent that the tea:
- Is cultivated, grown or produced in the tea gardens situated within the territory of India;
- Has been processed and manufactured in a factory located in the tea gardens situated within the territory of India; and
- Possesses the quality parameters as stipulated by the FSSAI from time to time.
- The Mark shall be used only on such packets wherein the tea meets the above criteria;
- The Mark may be used in relation to a blend of Indian teas, provided such blend of Indian teas are drawn from one or more than one area or garden situated within the territory of India.
- The Mark shall not be used in relation to a mixture of Indian tea/s with teas of other countries, even where phrases incorporating the word "blend" such as "Indian tea blend" or "Blended Indian tea" are used.
The Proprietor shall have the right to issue Guidelines/Circulars from time to time for effective administration of the Mark and such Guidelines/Circulars shall be binding on the Licensees.
In INR One time registration Fee Rs. 25000/- Renewal Fee: Rs. 10000/-
The Proprietor has the power to revise the license fees upwards by giving six months' notice in writing to the Licensee, provided two years have elapsed following the effective date of the permission. The Proprietor will act fairly in determining the amount of use fees, as it is a non-profit-making body.
This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not corpseed, and have not been evaluated by corpseed for accuracy, completeness, or changes in the law.
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