Of late, two US-based companies are found capturing the very trademark right of the word "Ayurveda" to control the entire Ayurvedic trade in the US. The companies are learnt be in the process of securing trademark rights for the words 'Ayurveda Organics' and 'Ayurveda Complex' in the US.
If the U.S. Patent and Trademark office grants trademark rights to these companies, it is feared that the companies could prevent Indian Ayurvedic manufacturers from selling any Ayurvedic medicines and nutraceuticals in future in the American market.
As per the information available with Pharmabiz, Om Organics, an American Limited Liability Corporation, with address at 3245, Prairie Ave, Suite A, Boulder, CO 80301, United States, has filed a trademark application for "Ayurveda Organics" under international classification 005, for numerous basic Ayurvedic ingredients and herbal supplements. These include Turmeric, Gotu Kola, Flexibility formula, Bowel Care Formula, Liquid Minerals, Shilajit, Aswagandha, Shatavari, Triphala, Neem, Tulsi, Holy Basil, Massage Oils, Tongue Cleaners etc. The application was filed on 9th November 2003.
Similarly, the applicant Zeman, Walter, of J Individual United States with address at 4414 Martindale St. Cascade, Colarado, 80809, has filed trademark application on 3rd May 2002 for word mark 'Bioregenesis Ayurveda Complex'. The goods and services covered for 'Ayurveda Complex' in this application include after-shave lotions, after-sun lotions, anti-aging cream, anti-bacterial soap, aromatherapy oils, astringents for cosmetics purposes, baby oil, bath beads, bath crystals, bath foam, bath gels, bath oil, beauty masks, blush, body concealers, body emulsions, body masks, body oil, body scrubs, creams for cellulite reduction, deodorants and antiperspirants, essential oils for personal use, essential oils for use in the manufacture of scented products, namely, scented oils, eye cream, eye gels, eye makeup, eyebrow pencils, facial scrubs, foot deodorant spray, foundation makeup, hair care preparations, hand cream, incense, lip liner, lipstick, lotions for cellulite reduction, makeup, mascara, massage oil, mouthwash, nail cream, non-medicated bath salts, non-medicated lip balm, perfume oils, pumice stones for personal use, room fragrances, scented body scented body spray, shampoo-conditioners, shaving balm, shaving cream, shaving preparations, shower gel, skin concealers, skin conditioners, skin moisturizer, skin toners, sun screen, sun tanning preparations, tooth gel, tooth paste, tooth polish, tooth powders etc.
As per the application, (under section IC 005. US 006 018 044 046 051 052. G & S,) the company has also specified for food, dietary, herbal nutritional, vitamin and mineral supplements; herbal teas for medicinal purposes etc. and in the disclaimer has stated 'no claim is made to the exclusive right to use 'Ayurveda Complex' apart from the mark as shown'. It is learnt that though the U.S. patent office has published the same for filing any opposition since 10th February 2004, none has come forward to file any objection same as in the case of Om Organics, it is learnt.
However, the Kochi-based IPR Awareness Forum has come forward to initiate the legal proceedings to prevent the US companies from registering these trademark rights. The Forum is convening a meeting of Ayurvedic physicians, stakeholders in the Ayurvedic industry and other concerned on 27 March, 2004 to discuss the line of action and to form an Action Council to legally defeat the move of U.S. companies.
The meeting aims at creating awareness on the subject and to discuss ways to mobilize active support and financial co-operation from the wide spectrum of Ayurvedic community to effectively initiate the legal proceedings.
Speaking to Pharmabiz, K.Radhakrishnan Nair, president of IPR Awareness Forum said that the entire Ayurvedic medicinal industry in India would be seriously handicapped in exporting their products to U.S.A unless the move was objected at the earliest in IPR related legal routes.
"The word Ayurveda denotes knowledge of life, dealing with traditional treatment of diseases using preparations made from herbal and other biological sources. IPR Forum feels duty bound to protect the word Ayurveda, which had been in the very breath of every Indian from time immemorial from being exploited by unscrupulous business interests abroad. We have already contacted Trade Mark Attorneys in the US to initiate the legal proceedings," said Nair.
It may be recalled that Pharmabiz had recently reported that at least four U.S.based companies were misusing 'Jeevani', the celebrated herbal compound developed and process patented in India by TBGRI Thiruvananthapuram. Pharmabiz had also reported that another US company, Nutrisciences Innovations LLC, had taken a product patent for Jeevani in the US.