Grant of license and terms
- The Board hereby grants to the Licensee a non-exclusive license, authorization or permission to use within the Territory the Mark in respect of the Goods.
- In consideration of the rights of authorized or permitted use granted hereunder, the Licensee shall pay to the Board 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.
- 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 Board’s authorized representatives shall be entitled to inspect, prior to and after the grant of the rights herein, as and when desired by the Board, 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 Board 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 Licensee represents and warrants to the Board that it shall always use the Mark on retail packs of tea up to five kilograms containing hundred percentage (100%) Nilgiri tea only and that it shall use the Mark in the tea packets in the following manner:
- The color of the logo of NILGIRI shall be Violet as per color code 666 C of Pantone and the background color where the logo is o be used shall be white
- The logo should be of such size, which could be easily noticeable to the ordinary consumer.
- All packets shall bear the statement “Registered Artistic work of the Tea Board under No. A-67291/2004, 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 trademark in respect of any goods
- Using for any purpose a mark identical with or similar to the Mark except as permitted by the Board in this Agreement
- Using the name ‘Nilgiri’ as part of its corporate name or trading style.
- Opposing the use and the registration by the Board of the Mark as a certification mark/ geographical indication or similar right or contesting the validity of any such registration or pending application 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 Licensee undertakes to bring to the notice of the Board 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 Board undertaking any action to restrain or punish such act or acts, the Licensee agrees to co-operate fully and freely with the Board and undertakes to do all such acts and things as the Licensee shall reasonably require assisting the Board 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 within the district of Nilgiri in the State of Tamil Nadu;
- Has been processed and manufactured in a factory located district of Nilgiri in the State of Tamil Nadu; and
- Possess the quality parameters as stipulated by the FSSAI from time to time.
- The Mark shall be used only in such packets wherein the tea meets the above criteria;
- The Mark may also be used in relation to a blend of NILGIRI teas drawn from more than one tea garden/tea factory in district of Nilgiri in the State of Tamil Nadu, India.
- The mark shall not be used in relation to a mixture of NILGIRI tea with teas of other origin.
- 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 Rs. 3000/- Renewal Fees: Rs.3000/-
The Proprietor has the power to revise the Licensee 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.
BOOK A FREE CONSULTATION
Get help from an experienced legal adviser. Schedule your consultation at a time that works for you and it's absolutely FREE.