Pharma — India Trademark Cases
454 decisions indexed
Page 1 of 16 · 454 total
Nouveau Medicament Private Limited v.Orange Biotech Private Limited & Ors. (Ritual Drugs Private Limited and Akshar Molecules Inc)
Nouveau Medicament Private Limited, the registered proprietor of the pharmaceutical trademark 'ARG 9' (Registration No. 2645507), sought an ad interim injunction against Orange Biotech and others who were using the mark 'ORG 9' for a similar pharmaceutical product. The Madras High Court found prima facie trademark infringement, noting that the alpha-numeric mark ORG-9 was deceptively similar to the registered mark ARG-9, and relied on its earlier order dated 07.01.2026 in OA Nos. 740-742 of 2025 where a similar mark 'URG-9' was held to be prima facie infringing. The court granted the ad interim injunction as prayed for and issued notice to the respondents returnable in four weeks.
Cipla Limited v.Union of India & Ors. (including Registrar of Trade Marks)
Cipla Limited filed a writ petition seeking restoration of its trademark 'NO DARAR' (application no. 1694972 in Class 5), which had been removed from the register. The Delhi High Court allowed restoration, and the Registrar subsequently updated the status to 'Registered'. A third-party applicant then sought impleadment and recall of the restoration order, arguing that the Registrar had not followed Rule 60 of the Trade Marks Rules, 2017 and that the applicant had not been heard. The court dismissed the third-party applications, holding that renewal/restoration is strictly between the Trademark Registry and the registered proprietor, and any aggrieved third party must pursue rectification proceedings rather than intervening in restoration proceedings.
Linux Laboratories Private Limited v.Ms Univentis Medicare Limited And 3 others
Linux Laboratories Private Limited filed a suit against Ms Univentis Medicare Limited and others for trademark infringement of their registered trademark EPITRAZ. The parties settled the dispute among themselves and filed a Settlement Agreement, which was recorded by the court. The suit was disposed of on the terms of the Settlement Agreement, with no order as to costs.
Dwd Pharmaceuticals Ltd v.Celsius Healthcare Pvt Ltd
Dwd Pharmaceuticals Ltd sought an ex parte ad interim injunction against Celsius Healthcare Pvt Ltd for infringement of its ZEST family of trademarks. The court granted the injunction, restraining the defendant from using the impugned marks. The plaintiff had made significant investments in advertising its products under the ZEST trademarks and had generated considerable income. The defendant's use of the CELSIUSDIZEST mark was likely to cause irreparable harm to the plaintiff.
Emcure Pharmaceuticals Limited v.Orziva Healthcare Private Limited & Ors
Emcure Pharmaceuticals Limited filed a lawsuit against Orziva Healthcare Private Limited & Ors for trademark infringement and passing off. The court granted an injunction restraining the Defendants from manufacturing and selling products under the impugned marks ORZIFER-XT, which are deceptively similar to Emcure's trademarks OROFER and OROFER-XT. The court found that Emcure has established a strong reputation and goodwill in its trademarks and that the Defendants' actions are likely to cause irreparable damage to Emcure's goodwill and reputation.
Glaxosmithkline Pharmaceuticals Limited v.Walter Healthcare Private Limited And Anr
The Delhi High Court declared the trademark CALPOL as a well-known trademark in terms of the Trade Marks Act, 1999, due to its long-standing reputation and extensive use in India. The court recognized the significant commercial presence and recognition of the mark CALPOL in the field of medicine and pharmaceutical products. The defendant was restrained from using the WALPOL mark, which was deemed deceptively similar to the CALPOL mark.
Sun Pharmaceutical Industries Limited v.Meghmani Lifesciences Limited
Sun Pharmaceutical Industries Limited filed a commercial suit against Meghmani Lifesciences Limited for infringement of its registered trademark 'RACIRAFT'. The court found that the defendant's mark 'ESIRAFT' was deceptively similar to the plaintiff's mark and granted an injunction. The court applied the test of phonetic similarity and first impression to determine the likelihood of confusion. The decision highlights the importance of protecting intellectual property rights in the pharmaceutical industry.
Rexcin Pharmaceuticals P Ltd v.Rekin Pharma P Ltd & Anr.
Rexcin Pharmaceuticals filed a suit seeking permanent injunction against Rekin Pharma regarding trademark infringement, passing off, and domain name misuse. The core dispute revolved around the similarity between 'REXCIN' (Petitioner) and 'REKIN-SP' (Respondent), particularly concerning pharmaceutical goods in Class 5. The court dismissed the interim injunction application, finding that the Petitioner failed to establish continuous use of REXCIN as a source identifier for Class 5 products.
Sanjeev Kumar Juneja And Another v.Terrace Pharmaceuticals Pvt Ltd
The Punjab-Haryana High Court addressed a revision petition concerning a composite trademark infringement and passing off suit. The court held that while joinder of causes of action is permissible under CPC, the delay in trial due to combining both claims necessitated modification. Consequently, the court granted the defendant time to seek rectification of the plaintiff's registered mark, stayed the infringement claim for three months, and directed that the passing off claim be tried as a separate suit.
Curewin Pharmaceuticals Pvt. Ltd. v.Registrar Of Trademarks Govt. Of India
The Madhya Pradesh High Court granted an interim measure in the trademark opposition case filed by Curewin Pharmaceuticals Pvt. Ltd. against the Registrar of Trademarks, Government of India. The court directed that no further proceedings related to the specific publication date (11.08.2025) shall be taken until the next hearing date. This temporary stay provides crucial breathing room for the petitioner while procedural requirements are met.
Ipca Laboratories Limited v.Anrose Pharma
The suit was filed alleging infringement and passing off concerning the Plaintiff's registered trade mark ZERODOL. The Plaintiff argued that the Defendant's use of 'ZEROVOL-P' was deceptively similar, confusingly misleading, and aimed at capitalizing on the Plaintiff's goodwill in medicinal preparations. Given the Defendant failed to contest the suit despite being served, the Court decreed the suit.
Mankind Pharma Limited v.Motherkind Pharma Private Limited
The Delhi High Court granted an interim injunction favoring Mankind Pharma Limited against Motherkind Pharma Private Limited. The court found that Motherkind's use of 'MOTHERKIND' prima facie amounted to trademark infringement and passing off, given its similarity to Mankind's well-known marks ('MANKIND' and 'KIND') in the pharmaceutical sector. This preliminary order restrains the Defendant from using the infringing mark until further proceedings.
Dindayal Industries Ltd. v.Dindayal Ayurved Bhawan.
Dindayal Industries Ltd. appealed against an order that dismissed its application for interim injunction, alleging that the respondents were infringing on its trademarks and engaging in passing off. The appellant claimed to be a long-standing user of the 'DINDAYAL' mark since 1927, possessing substantial goodwill and numerous registered trademarks. The court found that the plaintiff had established a prima facie case of infringement and passing off, concluding that refusing interim relief would cause irreparable injury to its reputation.
Novartis Ag v.Novarise Gastro Bariatrics & Ors.
The Delhi High Court granted an interim injunction in favor of Novartis Ag against Novarise Gastro Bariatrics & Ors. The court found that the use of the impugned tradename 'NOVARISE' by the defendants was likely to cause confusion among consumers, given the established goodwill and reputation of the Plaintiff's well-known trademark 'NOVARTIS' in the pharmaceutical sector. Citing prima facie evidence, the court held that irreparable harm would be caused to Novartis if the injunction was not granted immediately.
Ms Sapco Laboratories Private Limited v.The Registrar of Trademarks & Glenmark Pharmaceuticals Limited
The Madras High Court heard an appeal challenging the refusal by the Trademark Registry to grant registration for 'BREMONT-L' due to opposition from Glenmark Pharmaceuticals ('GLEMONT'). The court acknowledged the appellant's arguments regarding common industry usage (e.g., the suffix 'MONT') but refrained from making a final decision on the merits of similarity. Instead, the High Court set aside the Registry's order and remitted the matter back for fresh examination, allowing the appellant to submit additional evidence while ensuring the opponent gets a chance to respond.
Neon Laboratories Limited v.Vishal Subhash Versus Parekar Syndicate Pharma
The Bombay High Court confirmed the existing ad-interim injunction regarding trademark 'NEON' infringement, finding that the rival mark was identical. Furthermore, the court granted interim relief concerning passing off, noting a strong prima facie case that the products were counterfeit and caused misrepresentation. The court also allowed the petitioner's leave petition to combine the causes of action for trademark infringement and passing off.
Dabur India Limited v.Wellford Pharmaceutical Private Limited & Anr.
The Delhi High Court granted a stay on the registration of 'WELLFORD PUDIN HARA' (Registration No. 5509160) in favor of Dabur India Limited, who challenged the mark's validity. Dabur successfully established a prima facie case based on its long-standing use and reputation of the core mark 'PUDIN HARA' since 1930. The court found that the Impugned Mark completely subsumes the Petitioner's mark, creating an irrefutable likelihood of confusion and deception in the market.
Ja Sterile Pvt Ltd v.The Registrar Of Trademarks, Trademarks Registry & Anr.
The Delhi High Court addressed procedural matters in the appeal filed by Ja Sterile Pvt Ltd against the Registrar of Trademarks. The court disposed of an application seeking exemption from filing certain documents, directing that certified copies of illegible materials be submitted within four weeks. The main appeal petition, challenging a prior order by the Trademark Registrar, was subsequently listed for further hearing on January 15, 2026.
T T Krishnamachari And Co. v.Commissioner of GST and Central Excise
The appellant, T.T. Krishnamachari & Co., challenged demands raised by the Department regarding service tax on royalty income received for allowing group companies to use their registered logo 'TTK'. The dispute centered on whether this usage constituted a taxable Intellectual Property Right (IPR) service or was exempt under copyright law.
Sun Pharma Laboratories Limited v.Rambos Lifesciences Pvt Ltd
The Bombay High Court allowed Sun Pharma Laboratories Limited's leave petition seeking to consolidate the cause of action for passing-off with the existing claim of trademark infringement against Rambos Lifesciences Pvt Ltd. The court found that since both causes of action arose from the same set of transactions, combining them was appropriate. Furthermore, the interim relief previously granted in the matter was directed to continue until the next hearing date.
Ms Anuradha Sharma & Anr. v.Jiva Ayurvedic Pharmacy Limited & Ors.
The Delhi High Court stayed an interim injunction granted by the Commercial Court, which had prohibited Ms. Anuradha Sharma's use of her registered trademark 'SHATAM JEEVA'. The court found that a prima facie case existed for the appellant to challenge the order, particularly regarding the lack of sufficient evidence demonstrating goodwill and likelihood of confusion in the passing off action. Furthermore, the High Court issued a directive to Commercial Courts, mandating clear findings on whether an injunction is based on infringement or passing off, and requiring positive proof of goodwill in passing off cases.
Himalaya Wellness Company & Ors. v.Greenland Trading Company
The Delhi High Court granted an interim injunction in favor of Himalaya Wellness Company, finding a prima facie case of trademark infringement and passing off against Greenland Trading Company. The court recognized 'HIMALAYA' as a well-known mark due to its extensive global use since 1930. Given the potential for consumer confusion in the health and wellness sector, the court restrained the defendant from using deceptively similar marks until further hearing.
Lincoln Pharmaceuticals Private Limited v.Registrar of Trade Marks & Anr.
The Gujarat High Court allowed Lincoln Pharmaceuticals' appeal against the rejection of its trademark registration for 'Glypanta'. The court ruled that despite initial objections under Section 11(1) of the Trade Marks Act, 1999, the applicant was entitled to proceed with the advertisement of the mark. This decision underscores the importance of following procedural steps like publication even when substantive objections exist.
Danone Asia Pacific Holdings Pte Ltd v.M/S Maxford Healthcare And Ors
The Delhi High Court addressed several interlocutory applications in the trademark and copyright infringement suit filed by Danone Asia Pacific Holdings against M/S Maxford Healthcare. The court granted exemptions from pre-institution mediation, allowing the plaintiff to proceed with urgent interim relief. Crucially, the court allowed an ex parte ad interim injunction based on a local commission, which will investigate alleged infringement of the 'PROTINEX' mark and associated trade dress by the defendants' 'PROTILOX' products.
Vinaitheerthagounder Jaundice Treatment Pvt. Ltd. v.The Registrar of Trade Marks
The Madras High Court addressed a writ petition filed by Vinaitheerthagounder Jaundice Treatment Pvt. Ltd., seeking a Mandamus order to compel the Registrar of Trade Marks to issue their trademark. The petitioner's application was pending due to an opposition filed by a third party. The court ultimately disposed of the writ petition, directing the petitioner instead to file an expedite application directly with the Registrar, who must then process it as quickly as possible.
Mankind Pharma Limited v.De Harbien Life Sciences Private Limited
The Delhi High Court granted an ad-interim injunction in favor of Mankind Pharma Limited against De Harbien Life Sciences Private Limited. The court found that the defendant's use of marks like 'NEFROKIND' and 'SILOKIND' was likely to cause confusion with Mankind's well-known trademarks, including 'MANKIND' and its formative variants. Given the pharmaceutical nature of the products and the potential for irreparable harm to the plaintiff and the public, the court restrained the defendant from selling or advertising the impugned marks until further hearing.
Abbott Laboratories v.The Registrar Of Trade Marks
The Delhi High Court allowed Abbott Laboratories to appeal the rejection of its 'ENSURE' trademark application. The original rejection was based on insufficient evidence supporting a very early claimed date of use (31.12.1999). The court granted liberty for the Appellant to amend its user claim, restricting it to 23.04.2012, and directed the Registrar to reconsider the application afresh. This decision effectively restored the trademark application to its original status.
Modi-Mundipharma Pvt. Ltd. v.Agrosaf Pharmaceuticals Pvt. Ltd. & Anr.
The Delhi High Court decreed a trademark infringement suit between Modi-Mundipharma Pvt. Ltd. and Agrosaf Pharmaceuticals Pvt. Ltd. following an amicable settlement. The defendants agreed to permanently cease all use, promotion, and sale of products bearing the mark 'AGROCONTIN.' Furthermore, they acknowledged the plaintiff's proprietary rights in 'NITROCONTIN' and committed not to adopt any deceptively similar marks incorporating the suffix 'CONTIN,' effectively resolving the dispute through a binding decree.
Xx v.Yy
The Delhi High Court granted an ex-parte ad-interim injunction in favor of the Plaintiff (Xx) against the Defendants (Yy) concerning trademark infringement and passing off. The court found that the Defendant's use of 'KAMA GEMS' was deceptively similar to the Plaintiff's registered marks, leading to a restraint on selling infringing products and preventing disparagement. Additionally, the court granted several procedural reliefs, including exemption from pre-litigation mediation.
Gujarat Apollo Industries Limited v.Registrar of Trademarks
Gujarat Apollo Industries Limited successfully challenged the Trademark Registry's refusal of its 'Apollo' trademark application in the Gujarat High Court. The initial rejection was based on a likelihood of confusion with an existing mark, but the court accepted an affidavit and No-Objection Certificate (NOC) from the owner of the cited mark. Consequently, the court quashed the original rejection order and directed the Registrar to reconsider the application.
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