Executive Summary
The Madras High Court allowed Corona Remedies' petition to rectify the Trade Marks Register, directing the removal of the mark 'B9' (No. 3281514) registered by Sujatha Manthri. The court found that the impugned mark was deceptively similar to the petitioner's established mark 'B29', especially considering both marks were used for pharmaceutical products. Given Corona Remedies' long history of use, significant sales turnover, and reputation, the court ruled in favor of removing the conflicting registration.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in trademark matters before Madras High Court. Understanding the court's reasoning in Corona Remedies Pvt. Ltd. vs Sujatha Manthri trading as Herald Healthcare is valuable context for structuring arguments or assessing risk in similar proceedings.
Related Cases
Gemini Edibles And Fats India LimitedvsDream Freedom Herbal Pvt. Ltd.
The Delhi High Court allowed a rectification petition filed by Gemini Edibles And Fats India Limited against Dream Freedom Herbal Pvt. Ltd., directing the removal of the respondent's trademark (No. 3213226). The court found that the impugned mark was deceptively similar to the petitioner's prior and well-reputed 'FREEDOM' marks, noting that the addition of a prefix did not differentiate it sufficiently. Given the identical nature of the goods and target consumers, the registration was deemed obtained dishonestly to trade upon the petitioner's goodwill.
Epikindifi Software And Solutions Pty LtdvsThe Registrar Of Trademarks
The Delhi High Court addressed rectification petitions filed by Epikindifi Software and Solutions Pvt. Ltd. concerning the marks LEND.EZEE (No. 6174368 and 6174369). The court noted a procedural error in the filing, specifically regarding the petitioner's name. Consequently, the Court directed the petitioner to file a corrected Memo of Parties within one week. Further proceedings were scheduled after granting time for both parties to file their respective replies and rejoinders.
M/S. LorealvsLoren Beautifiers Pvt. Ltd.
The Calcutta High Court allowed an application filed by M/S. Loreal seeking the cancellation of the mark "LOREN HAIR OIL" registered in Class 3. The sole ground for cancellation was non-use, as the respondent failed to demonstrate bona fide use of the trademark for the statutory period. Given the uncontroverted allegation of non-use, the Court directed that the impugned mark be removed/rectified from the register, reinforcing the importance of continuous commercial activity in maintaining trademark rights.
Sun Pharma Laboratories LimitedvsAnkit Mishra
Sun Pharma Laboratories Ltd. filed a suit against Ankit Mishra and others alleging infringement of its registered trademark No. 1692705 (in class 5) by the use of similar marks like 'MONTEKET' or 'MONTEKET-LC'. The Bombay High Court decreed the suit, granting perpetual injunctions against the defendants for infringing the mark and passing off goods.
Kenny Ramanand and Balasubramaniam V.vsRehan Talat Khan and N.S. Sangolli
Kenny Ramanand and Balasubramaniam V. filed an application to set aside an arbitration award dated 10-01-2012. The dispute arose from a partnership in M/s Gambaz Foods International, involving allegations of breach of trust, financial misappropriation, and trademark disputes related to the brand 'Prawnto'.
Facing a trademark dispute?
Arctic's TM litigation team handles ~120 trademark matters per year across India, EU, and UK. From oppositions to infringement actions, we build winning arguments from precedent.
Disclaimer: This page contains an automated summary based on publicly available judicial records. The content is generated for informational purposes only and does not constitute legal advice. Always verify details against the original source judgment before relying on this information for any legal purpose. If you believe any information is inaccurate, please contact us.