‘East India’ name can’t be monopolised, says UKIPO
A business that claims its heritage from the historic East India Company has been rebuffed in its efforts to block a series of trademarks related to the name.
The UK Intellectual Property Office (IPO) said in its decision that the relaunched East India Company, owned by Indian businessman Sanjiv Mehta, has “no exclusive rights to company names featuring East India”.
The original East India Company was formed by royal charter in the 17th Century and came to dominate global trade before being formally dissolved in 1874.
In 2005 Indian businessman Sanjiv Mehta claimed to have revived the original East India Company, after acquiring stakes in various trading entities which used the name.
His East India Company (EIC) focused on luxury products such as tea, before branching out into other products such as gin. The company owns a European trademark for ‘The East India Company’, as well as a UK trademark for ‘The East India Company Gin’.
Mehta’s EIC intervened to try and block two trademark applications filed at the UK Intellectual Property Office (IPO) by businessman Robin Chapman, who runs a series of companies using the ‘East India’ name.
Chapman had formerly been a director at the East India Company Publishing, which was acquired by Mehta’s business. He then wanted to continue using the name to sell gin and beer.
He personally filed to register marks for ‘London East India’-branded gin and pale ale products. The applications were in addition to one already existing mark for ‘London East India Pale Ale’.
EIC accused Chapman of having made the filings in bad faith, and said his marks would infringe its own rights for the ‘East India Company’ brand.
Chapman rejected EIC’s allegations, arguing that, although he was drawing a “similar form of inspiration” from colonial history, his business did not clash with Mehta’s.
The IPO has now sided with Chapman, ruling that Mehta’s business has no exclusive rights for the geographic term ‘East India’.
All allegations of bad faith on the part of Chapman were also rejected by the IPO examiner.
The IPO instructed EIC to pay costs of £1,300 to Chapman, whose two pending trademark applications can now proceed to registration.
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