M/s.Mesmer Pharmaceuticals v. The Registrar of Trade Marks

136782834

The Madras High Court set aside the Trade Marks Registry's decision to refuse registration of 'REJUSTAR' in Class 5. The Registrar had cited phonetic similarity to other marks, but the court held that it was premature to determine deceptive similarity based solely on scrutiny under Section 11. Given that the appellant's mark is an invented word and the cited marks were used for different goods or outside India, the matter was remanded back to the Registry for further processing.

Jurisdiction
India
Court
Madras High Court
Case Number
136782834
Judge(s)
N.Seshasayee

Detailed Summary

of the Paris Local Division of the Unified Patent Court concerning a request for extension of time filed by the Bosch defendants. The judge-rapporteur rejected Bosch's request, finding that a non-redacted version of Valeo's 15 June 2026 filing had been deposited in the CMS simultaneously with the redacted version, and that Bosch had failed to exercise due diligence in accessing it. The court ruled that the deadlines under R.29(d) RdP run from 15 June 2026.

Practitioner Note

This case demonstrates the evidentiary and procedural standards applied in trademark matters before Madras High Court. Understanding the court's reasoning in M/s.Mesmer Pharmaceuticals vs The Registrar of Trade Marks is valuable context for structuring arguments or assessing risk in similar proceedings.

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