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Can anyone in India, the home of Ayurveda, claim exclusiveintellectual property rights over the word ‘Ayur' for sellinga product? Or contend that ‘Ayur,' a word derived from‘Ayush' (life), is an ‘invented word' that can be usedas a trade mark? The Intellectual Property Appellate Board (IPAB) has ruled that itcannot 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 notin public interest, and such a monopoly was never intended by theTrade Marks Act, 1999." Hindustan Unilever Limited (HUL) launched its line of Ayurvedichealth and beauty care products under the trade mark ‘LeverAyush' in 2002. Noting that the Registrar of Trade Marks, NewDelhi, had granted registration of the mark ‘Ayur' forproducts of Three-N-Products (P) Ltd, HUL sought rectification ofthe mark ‘Ayur,' contending that it is a commonly used wordand a derivative of the word Ayurveda, a 5,000-year-old system ofmedicine. Three-N-Products had filed a suit in 2003 in the District Court ofErnakulam wherein it was contended that ‘Lever Ayush' of HULwas deceptively similar to its own product. Following this, HULapproached the IPAB with applications to remove ‘Ayur' fromthe trade mark registry. However, Three-N-Products claimed it is the registered proprietorof the mark ‘Ayur.' The word was an invented one and it had nothing to do withAyurvedic products. It started with manufacture of bleachingpreparations which include soaps, nail polish and diversified itsactivities. The mark deserved continuous protection. After hearingarguments by both sides in New Delhi, where it held a circuit benchsitting, the Board, comprising its chairperson, Justice PrabhaSridevan and vice chairperson, S. Usha, pronounced the order here. Allowing the applications filed by HUL with costs of Rs.20,000each, the Board said, "We are of the opinion that in publicinterest the word ‘Ayur' shall not remain in the register. Weare unable to understand how the Registrar allowed theregistration. Public interest would be harmed if this mark remainsin the register thereby preventing other persons in our countryaccess to a common Indian word denoting an ancient system ofmedicine." Rejecting a contention of Three- N- Products that Ayur is aninvented word, the IPAB pointed out that the word was associated inthe public consciousness with ‘Ayurveda' and ‘healthylife' and no one could appropriate it to oneself. We are high quality suppliers, our products such as Paper Carrier Bag , Customized Paper Bag Manufacturer for oversee buyer. To know more, please visits Folding Gift Boxes.
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