“ŌURA is a privately owned health and wellness company dedicated to improving the way people live by providing the tools and personal guidance needed to help individuals realize health as a daily practice. Founded in 2013, ŌURA now has about 400 employees. We opened our San Francisco, California office in 2015, and although Oura Ring has become widely popular, we also have partnered with a variety of companies in and beyond the health and wellness space, including rest and recovery accessories, women’s health offerings, sports and activity tracking platforms, fashion, and apparel.
“ŌURA established trademark rights in its ŌURA, OURA, and Ō trademarks as early as 2015 in the U.S., and we have registered our trademarks around the world. Trademark rights in the U.S. are based on first use, not first registration. We first used our OURA mark long before OURA Inc. or Ouragin, Inc. were formed.
Oura Health is totally right! Trademarks are based on first use. However, they fail to acknowledge that it applies to the first use in each category. There are 45 different classes of goods, and Oura Ring has six of them, mainly within jewelry and technology. On the other hand, our trademarks cover fabric-based products including home goods and apparel. We were the first ones to use our OURA mark in these categories, long before Oura Health.
Trademarks are one of the most valuable assets that any company owns, and rigorously defending its trademarks is a standard business procedure for any responsible company. Under U.S. law, if any company does not proactively protect its trademarks, that company’s rights may weaken, their consumers may become confused, and they could ultimately lose rights to their brand. We started out as a small business with limited resources, but we take our trademark rights seriously. In 2021, we established a system to actively monitor and take action to prevent adoption and use of other confusingly similar and identical OURA marks.
We wholeheartedly agree that trademarks are among the most valuable assets a company owns, which is precisely why we are vigorously defending ours. While Oura Health may have started as a small business, they seem to have lost touch with the challenges faced by growing companies—especially given the departure of all their original co-founders. With a recent influx of $100 million in VC funding, it’s no wonder they’ve shifted their focus from cultivating growth like a small business to aggressively targeting them with trademark disputes.
It’s also important to note that thousands of companies successfully co-exist while sharing the same name, without causing confusion among consumers or jeopardizing their rights. There is ample room for both our brands to thrive. Fear of losing rights to a brand’s name should not justify using excessive legal actions against small businesses who operate in completely different industries, as is the case between Oura Health and our company.
“OURA Inc. and Ouragin, Inc. categorize themselves as health and wellness companies, and they market their goods to the same consumers seeking ŌURA’s health and wellness products.
The market isn’t defined as narrowly as Oura Ring suggests. The wellness industry is a vast market that includes a wide range of products and services, from skincare to hospitals, protein bars to cleaning products, drinks to mattresses, and even vibrators and weed. In fact, the USPTO views each of these as separate categories. Therefore, it’s not a valid argument to claim that just because our products share a common goal of helping customers lead healthier lives, they should be considered in the same category.
Our dispute with OURA Inc. and Ouragin, Inc. began in 2021, after we first became aware of OURA Inc. and its U.S. trademark registration. We initially contacted OURA Inc. directly, without involving outside counsel, with hopes of resolving the matter amicably. We offered a generous timeline to transition to a new mark and sell through existing inventories. Our offer to reach an amicable resolution was met with an exorbitant and unreasonable monetary demand that had no basis in actual transition costs.
Oura Health’s assumption that they hold exclusive rights to the mark is incorrect. We own the mark within our distinct category. There was no need for us to transition to a new mark. We preferred to focus on our mission without engaging in legal disputes. If Oura Health had respected our separate businesses, this issue would not have arisen. Our name is not for sale, and we should not be forced to change it. There is nothing generous about extortion.
After we became aware of actual confusion and settlement efforts stalled, we initiated proceedings before the Trademark Trial and Appeal Board (TTAB) which is an administrative body of the USPTO. Contrary to the narrative Mr. Veran has created in his videos, proceedings before the TTAB do not constitute a “lawsuit,” and the TTAB does not have the authority to award monetary damages; it may only make determinations about whether marks are entitled to be registered with the USPTO. Through the TTAB, trademark registrations may be canceled if, like here, it can be established that the petitioning party used the mark first and before the other party obtained its registration.
Indeed, while the proceedings are technically called “Trademark Trial and Appeal Board proceedings,” the reality is that for a small business like ours, $500K in legal fees is essentially a lawsuit. Just consider the top Google search result, which describes the process as a legal case similar to a civil lawsuit.
“We have requested that the TTAB cancel OURA Inc.’s registration for OURA and refuse the registration of OURAGINS. But this is not a one-sided dispute. Undisclosed in Mr. Veran’s videos is the fact that OURA Inc. is seeking to cancel our prior-registered ŌURA and OURA trademarks.
Absolutely, we’re pursuing the cancellation of Oura Health’s trademarks, and here’s why: We believe they took advantage of loopholes in trademark law, putting American businesses at a disadvantage with lower entry requirements. All we’re asking is for Oura Health to adhere to the same standards that apply to other U.S.-based companies. It’s only fair, don’t you think?
And let’s not forget that this dispute could have been avoided if Oura Health hadn’t aggressively targeted us.
Our first priority is our members and customers. We respect the missions of OURA Inc. and Ouragin, Inc., and we do not wish to prevent them from doing business. But actual consumer confusion has arisen between our companies–about which Mr. Veran is aware–and that is not good for his or our customers. We simply want our respective businesses to operate fairly with distinguishable brands and company identities, and we remain committed to finding an amicable solution if possible. We recently made another effort to resolve this matter with a settlement offer, including a generous donation to the Make-a-Wish foundation on Oura Inc.’s behalf, but Mr. Veran refused.
It’s important to highlight that the settlement offer proposed by Oura Health was, in fact, a bad-faith attempt on their part. The amount suggested wouldn’t have even covered the legal fees we’ve incurred up to this point, all due to a dispute that they initiated. As such, we find their offer to be entirely inadequate and insincere—certainly not a viable solution for us.
Also, it’s rather telling that Oura Health’s inclination to donate to Make-A-Wish is contingent upon this dispute. It appears that their charitable efforts are merely a means to serve their own agenda, rather than a genuine act of giving back. There is nothing stopping Oura Health from making a donation independently of this situation – yet they’ve chosen to tie it to the dispute, raising questions about their true intentions.
“ŌURA established trademark rights in 2015, and our claim is based on trademark law. We do not agree with Mr. Veran’s characterization of this dispute. We are concerned by his videos and efforts to slander ŌURA, which we believe are motivated by an attempt to support his settlement demands.”
Slander? That’s quite an accusation for simply stating the truth. While Oura Health may have established trademark rights in 2015, it’s essential to recognize that trademark law allows for multiple businesses to co-exist, even with similar names, as long as they operate in distinct industries without causing consumer confusion. Our primary goal isn’t to reach a settlement; instead, we’re committed to defending ourselves and safeguarding what rightfully belongs to us. By sharing our story, we aim to shed light on the current state of the trademark system and its impact on small businesses.