The New Rooibos Rules

The Tea Smith Organic RooibosGeographical Indicator Status 

Rooibos tea is traditionally grown in South Africa’s Cederberg Mountains, which are located 150 miles north of Cape Town on the southwestern tip of the African continent. Also known as “red bush” in Afrikaans (a language native to South Africa), the indigenous shrub-like rooibos has been proudly grown in South Africa for generations. As the popularity of this unique amber tea has increased in markets beyond Africa, companies in France and the United States have made bold attempts to trademark the rooibos name; however, in a recent Economic Partnership Agreement with the European Union, South Africa’s rooibos tea has been awarded geographical indicator status, an honor previously bestowed upon champagne, Darjeeling tea and Colombian coffee.

After hearing news of the decision last week, South Africa’s trade and industry minister Rob Davies explained: “It will be the rooibos tea manufacturers of South Africa which will have ownership of that particular name and that term will be applicable only to products that come from and are approved by us.” What does this mean for the tea industry? People selling rooibos cannot use the name as the brand. (The correct trading name would be, for example, Laager Rooibos or Freshpak Rooibos.)

Previous Trademark Challenges

The first trademark battle actually occurred in the Unites States in 2004 when a company registered Rooibos as a brand name. Although the matter has since been settled, South Africa could not export rooibos unless it was called rooibush at that time.

When the French company Compagnie de Trucy tried to trademark the name last year, the South African Rooibos Council had to intervene, fearing the company could secure exclusive use. According to Gerda De Wet, a spokeswoman for Rooibos Limited, it took a long time to resolve the French trademark issue, and the company is relieved a similar situation will not happen in the future with the new regulations in place.

The Future of Rooibos

Rooibos already has a strong foothold in European markets, but South African suppliers are seeking entry into Asian countries as well. South Africa began exporting its homegrown rooibos in 1904 and produces about 15,000 tons of the amber tea every year, half of which is exported and the rest consumed locally, resulting in an industry currently worth an estimated $57 million a year.

The country may have a bit of a ways to go if it wants to catch up with China or India, but South Africa’s place on the global tea map has now been solidified due to its recent legal victory. What’s more, the same trademark protection that applies to rooibos will likewise apply to honeybush, another tea indigenous to the Cape region, and Karoo lamb. In exchange, the northern South African city of Pretoria was forced to make a concession on feta cheese, which had been protected since 2002.

 

For additional reading on the new rooibos rules and previous trademark challenges, check out:

Rooibos tea trademark awarded to South Africa in deal with EU

Rooibos tea ruling gives exporters boost

South Africa fights to protect rooibos tea name after French trademark bid

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