Sabinsa corporation defends proprietary distinctiveness in its brand “Boswellin”

In line with its commitment to enforce intellectual property and to honour the trust of millions of customers vested in its branded ingredients, Sabinsa Corporation successfully defended its proprietary rights on European Union Community trademark. 000379743 for “Boswellin” in international class 05.

The legal action was jointly initiated by Sabinsa Corporation, NJ, USA and its trademark licensee Walmark, a.s., Oldřichovice, Třinec. The companies sought a declaration of invalidity of contested trademark “Boswellin” Registration Number 270659 for goods and services in International Classes 5, 29, 31, 42 and 44 owned by ORLING, s.r.o., Ústí nad Orlicí.

In a landmark decision, the Sabinsa/Walmark Application for a Declaration of Invalidity was successfully upheld by the President of the Industrial Property Office, Mgr. Ing. Josef KRATOCHVÍL In Prague on 05.08.2016 in case pertaining to File No.: O-345616 and Reference No.: O-345616/D25755/2011/ÚPV.

Interestingly, this decision was a reiteration of a previous decision reached on 24 March 2011 by the first instance administrative authority that the ORLING trademark application No. O-345616 made on 19.4.2004 was not filed in good faith. Different consideration by the Board of Appeal of partial issues did not affect the lawfulness and the correctness of its finding. The administrative authority had then concluded that ORLING intended to use the market position and knowledge of the Sabinsa Corporation’s trademark No. 379743 for “Boswellin” to ensure an advantage for its products in the form of consumer confidence in the sign. The Authority had sighted the probability of confusion in the minds of consumers on the source and quality of products associated with “Boswellin”, if ORLING’s Boswellin registration No. 270659 was held valid.

Dr. Muhammed Majeed, Founder and Owner of Sabinsa Corporation while expressing profound happiness over the decision said, “The legal course extended over six years for us. The costs were also high. However, we were steadfast in our commitment and efforts towards the legal process simply because we understand that our brands and associated products are the fruits of years of top quality research. We will not permit any unfair market practice that would undermine customer confidence vested in our brands. As a responsible market leader, Sabinsa Corporation once again re-emphasizes the importance of respecting and honouring intellectual property through this case.”