Source: http://www.thehindu.com/news
Can anyone in India, the home of Ayurveda, claim
exclusive intellectual property rights over the word ‘Ayur' for selling a
product? Or contend that ‘Ayur,' a word derived from ‘Ayush' (life), is
an ‘invented word' that can be used as a trade mark?
The
Intellectual Property Appellate Board (IPAB) has ruled that it cannot
be done and directed the removal of the word ‘Ayur,' registered in the
name of Three-N-Products (P) Ltd., New Delhi, from the trade marks
registry.
In its order delivered on Friday, the IPAB said: “Ayur
is a generic word; to hoard it as ‘mine-own-forever' is not in public
interest, and such a monopoly was never intended by the Trade Marks Act,
1999.”
Hindustan Unilever Limited (HUL) launched its
line of Ayurvedic health and beauty care products under the trade mark
‘Lever Ayush' in 2002. Noting that the Registrar of Trade Marks, New
Delhi, had granted registration of the mark ‘Ayur' for products of
Three-N-Products (P) Ltd, HUL sought rectification of the mark ‘Ayur,'
contending that it is a commonly used word and a derivative of the word
Ayurveda, a 5,000-year-old system of medicine.
Three-N-Products
had filed a suit in 2003 in the District Court of Ernakulam wherein it
was contended that ‘Lever Ayush' of HUL was deceptively similar to its
own product. Following this, HUL approached the IPAB with applications
to remove ‘Ayur' from the trade mark registry.
However, Three-N-Products claimed it is the registered proprietor of the mark ‘Ayur.'
The
word was an invented one and it had nothing to do with Ayurvedic
products. It started with manufacture of bleaching preparations which
include soaps, nail polish and diversified its activities. The mark
deserved continuous protection. After hearing arguments by both sides in
New Delhi, where it held a circuit bench sitting, the Board, comprising
its chairperson, Justice Prabha Sridevan and vice chairperson, S. Usha,
pronounced the order here.
Allowing the
applications filed by HUL with costs of Rs.20,000 each, the Board said,
“We are of the opinion that in public interest the word ‘Ayur' shall not
remain in the register. We are unable to understand how the Registrar
allowed the registration. Public interest would be harmed if this mark
remains in the register thereby preventing other persons in our country
access to a common Indian word denoting an ancient system of medicine.”
Rejecting
a contention of Three- N- Products that Ayur is an invented word, the
IPAB pointed out that the word was associated in the public
consciousness with ‘Ayurveda' and ‘healthy life' and no one could
appropriate it to oneself.
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