Pharma — India Trademark Cases
177 decisions indexed
Page 1 of 6 · 177 total
M/S. Bipha Drug Laboratories v.Controller General Of Patent
M/S. Bipha Drug Laboratories filed a writ petition seeking the immediate issuance of its trademark registration certificate for 'SOMNA' in Class 5. Despite an order dismissing opposition in 2008, the petitioner had not received the official certificate. The Kerala High Court intervened and directed the Registrar of Trademarks to issue the certificate within two weeks. This judgment underscores the importance of statutory authorities adhering to their timelines even after favorable decisions are rendered.
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.
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.
T T Krishnamachari And Co. v.Commissioner of GST and Central Excise
The appellant firm, dealing in consumer durables and healthcare products, was assessed service tax on royalty income received for allowing its group companies to use its 'TTK' logo. The appellant argued that since the logo is registered as an artistic work under the Copyright Act, 1957, it qualifies for exemption. The Tribunal allowed the appeal, finding that the demand was unsustainable and citing relevant exemptions and prior judicial decisions.
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.
Aculife Healthcare Private Limited v.Auspharma Private Limited
The Madras High Court disposed of OP(TM)No.34 of 2025, which sought rectification of a trademark registration. Although listed for reporting settlement, the court formally accepted and gave effect to a Memorandum of Compromise (MOC) between Aculife Healthcare Private Limited and Auspharma Private Limited. The judgment confirmed that the MOC would form part of the order, effectively resolving the dispute without further litigation.
Aculife Healthcare Private Limited v.Auspharma Private Limited
The Madras High Court disposed of OP(TM)No.34 of 2025, which sought rectification of a trademark registration. Although listed for reporting settlement, the court formally accepted and gave effect to a Memorandum of Compromise (MOC) between Aculife Healthcare Private Limited and Auspharma Private Limited. The judgment confirmed that the MOC would form part of the order, effectively resolving the dispute without further litigation.
Aculife Healthcare Private Limited v.Auspharma Private Limited
The Madras High Court disposed of OP(TM)No.34 of 2025, which sought rectification of a trademark registration. Although listed for reporting settlement, the court formally accepted and gave effect to a Memorandum of Compromise (MOC) between Aculife Healthcare Private Limited and Auspharma Private Limited. The judgment confirmed that the MOC would form part of the order, effectively resolving the dispute without further litigation.
Aculife Healthcare Private Limited v.Auspharma Private Limited
The Madras High Court disposed of OP(TM)No.34 of 2025, which sought rectification of a trademark registration. Although listed for reporting settlement, the court formally accepted and gave effect to a Memorandum of Compromise (MOC) between Aculife Healthcare Private Limited and Auspharma Private Limited. The judgment confirmed that the MOC would form part of the order, effectively resolving the dispute without further litigation.
Aculife Healthcare Private Limited v.Auspharma Private Limited
The Madras High Court disposed of OP(TM)No.34 of 2025, which sought rectification of a trademark registration. Although listed for reporting settlement, the court formally accepted and gave effect to a Memorandum of Compromise (MOC) between Aculife Healthcare Private Limited and Auspharma Private Limited. The judgment confirmed that the MOC would form part of the order, effectively resolving the dispute without further litigation.
Danone Asia Pacific Holdings Pte. Ltd. v.Syed Jawed Mohsin & Another
The Calcutta High Court allowed Danone Asia Pacific Holdings Pte. Ltd.'s application for the cancellation and rectification of the mark 'PROTIFIX'. The court found that PROTIFIX was deceptively similar to the petitioner's established trademark, PROTINEX, both visually and phonetically, leading to a high likelihood of consumer confusion in the healthcare goods market. Furthermore, the respondent failed to provide credible evidence of genuine use for the impugned mark, satisfying the grounds for cancellation under Section 47 of the Act.
Parth Formulation Pvt Ltd v.Paam Biotech Private Limited
In a passing-off dispute concerning pharmaceutical packaging, the Delhi High Court found prima facie that the defendants' packaging was deceptively similar to the plaintiff's. While the court noted the parties were open to settlement, it directed Paam Biotech to change its packaging color away from red and mandated Parth Formulation to submit sales data for the past three years.
Incyte Holdings Corporation v.Metrochem Api Private Limited
The Plaintiffs filed a suit seeking permanent injunction against the Defendant for infringing Indian Patent No. 269841, which covers Ruxolitinib compounds used in JAKAVI tablets. The court passed an order granting various exemptions and appointing Local Commissioners to execute the interim injunction.
Mankind Pharma Limited v.The Registrar Of Trade Marks
Mankind Pharma Limited appealed the Registrar of Trade Marks' refusal to register its mark PETKIND in Class 5, citing similarity to a prior application 'PETKIND PHARMA'. The Appellant argued that its extensive goodwill and established 'KIND Family of Marks' should prevail. The Court allowed the appeal, setting aside the rejection order.
Cipla Limited v.Union Of India Through Department Of Promotion Of Industry And Internal Trade & Anr
The Delhi High Court ruled in favor of Cipla Limited, directing the Trademark Registry to allow the renewal of its 'TRIEXER' trademark. The core finding was that the Registry failed to serve the mandatory statutory 'O3 notice' required under the Trade Marks Act, 1999. Despite the trademark having lapsed and the petitioner failing to file timely renewals, the court emphasized this procedural lapse by the Respondent, granting Cipla a chance to regularize its mark.
Novartis Ag & Anr. v.M/S Steris Healthcare Pvt Ltd & Anr.
The Delhi High Court initiated proceedings under the Trade Marks Act, 1999, concerning the removal and rectification of the trademark 'INCLISIRAN' (Registration No. 5547194) in Class 05. The court issued notice to all parties involved, setting a timeline for filing replies and rejoinders. This marks the formal commencement of the legal challenge against the registered mark.
Cipla Limited v.Union Of India Through Department Of Promotion Of Industry And Internal Trade & Anr
The Delhi High Court ruled in favor of Cipla Limited, directing the Trademark Registry to allow the renewal of its 'TRIEXER' trademark. The core finding was that the Registry failed to serve the mandatory statutory 'O3 notice' required under the Trade Marks Act, 1999. Despite the trademark having lapsed and the petitioner failing to file timely renewals, the court emphasized this procedural lapse by the Respondent, granting Cipla a chance to regularize its mark.
Abbott Products Operations Ag v.Ms. Aprajita Sushma Proprietor Of Alrom Pharmaceuticals Pvt. Ltd.
The Delhi High Court addressed multiple applications in the trademark dispute involving Abbott Products Operations Ag and Alrom Pharmaceuticals. The court allowed the petitioner's application seeking leave to file additional documents, while simultaneously initiating proceedings for a rectification petition concerning the 'KREOFLAT' trademark. This order sets out timelines for both parties to file replies and written synopses, moving the core dispute forward.
Dabur India Limited v.Patanjali Ayurved Limited And Anr.
Dabur India Limited filed a suit seeking permanent and mandatory injunction, alleging that Patanjali Ayurved Limited disparaged Dabur Chyawanprash and the entire market class through its advertisements (TVC and Print Advertisements) for 'Patanjali Special Chyawanprash'. The court heard interim applications regarding these ads.
Sun Pharmaceutical Industries Limited v.K.Venkateshwara Rao
Sun Pharmaceutical Industries Limited sought the rectification and removal of a trademark registration ('NICSON PHARMA') held by K.Venkateshwara Rao, arguing that it was deceptively similar to its own established mark 'SUN PHARMA'. The Madras High Court ultimately dismissed the petition. The court found that when comparing the two marks as a whole, there was no likelihood of confusion or deception among the average consumer, thereby upholding the validity of the rival registration.
Hamdard National Foundation (India) v.Klm Pharma Seema Aggarwal Proprietor
The plaintiffs, part of the Hamdard Group, sued KLM Pharma for infringing their well-known Unani medicine trademark 'SAFI' and its associated trade dress. The defendant was found to be using a deceptively similar mark, 'SAIFI,' for identical goods (blood purifier).
Cipla Limited v.Union Of India & Ors.
The Delhi High Court issued an order in the dispute between Cipla Limited and the Union of India regarding a trademark application. Recognizing issues with traceability of previous notices, the court allowed Cipla to proceed by granting permission to file applications for the restoration and renewal of Trademark Application No. 1694972 within two weeks. The petitioner was also directed to complete necessary procedural filings within four weeks, effectively allowing the matter to move forward.
Torrent Pharmaceuticals Ltd v.Indorbit Pharmaceuticals P. Ltd. & Anr.
The Delhi High Court rejected Torrent Pharmaceuticals' oral request to pass a permanent injunction and decree against Indorbit Pharmaceuticals based on passing off and copyright infringement. Although the defendants failed to file written statements, the court found that the plaintiff had not sufficiently established its prior adoption and usage of the new trade dress (SHELCAL-500) since September 2022. The judgment emphasizes that while a party's failure to respond can lead to a default decree, the threshold for such an order is high, especially in complex IP matters like pharmaceutical products, necessitating full evidence and trial.
Cipla Limited v.Union Of India & Ors.
The Delhi High Court issued an order in the dispute between Cipla Limited and the Union of India regarding a trademark application. Recognizing issues with traceability of previous notices, the court allowed Cipla to proceed by granting permission to file applications for the restoration and renewal of Trademark Application No. 1694972 within two weeks. The petitioner was also directed to complete necessary procedural filings within four weeks, effectively allowing the matter to move forward.
Alkem Laboratories Ltd. v.M/S Martin And Brown Biosciences & Ors.
Alkem Laboratories Ltd. filed a Rectification Petition against M/S Martin And Brown Biosciences & Ors., seeking the removal or cancellation of the trademark registration 'SOMI-MB' (No. 5982177) in Class 5, arguing that it is confusingly similar to their existing mark 'SUMO'. The Delhi High Court issued notice to the respondents and set timelines for filing written synopses and replies, indicating that the matter will proceed through formal litigation.
Suncare Formulations Pvt. Ltd. v.Oreo Healthcare
The plaintiffs, manufacturers of pharmaceutical products under the registered trademark 'HAEMOCAL', sued defendants for using the deceptively similar mark 'HEMOCAL' and copying their unique packaging and labeling. The court found that the marks were deceptively similar and likely to cause confusion among the public.
Psychotropic India Limited v.Meridian Medicare Ltd And Anr.
The Delhi High Court allowed a rectification petition filed by Psychotropic India Limited against Meridian Medicare Ltd. The court found that Respondent No. 1 adopted the mark 'TROMA' with malafide intent, capitalizing on the goodwill established by the petitioner in the pharmaceutical sector. Given the prior use and distinctiveness of the petitioner's marks (TROMANIL, TROMA), the court ruled that the registration held by the respondent was contrary to the Trade Marks Act, leading to its cancellation.
Mankind Pharma v.Lemford Biotech Pvt Ltd.
The Delhi High Court allowed a rectification petition filed by Mankind Pharma against Lemford Biotech Pvt Ltd., directing the removal of the trademark 'LENOKIND'. The court found that 'LENOKIND' was confusingly similar to Mankind Pharma’s established and well-known family of marks, particularly those containing the element 'KIND'. Given Mankind Pharma's extensive prior use, massive market presence in pharmaceuticals, and acquired goodwill, the registration of 'LENOKIND' was deemed liable for cancellation under Section 57 of the Trade Marks Act.
Mankind Pharma Limited v.Micor Labs Limited
Mankind Pharma Limited sought the rectification of Micor Labs Limited's trademark 'DOLOBENE', arguing it was deceptively similar to their mark 'DOLOBAN'. The Madras High Court ultimately dismissed the petition, primarily on the grounds of inordinate delay and acquiescence. The court found that Mankind had lost its right to claim prior user due to the significant lapse between Micor Labs' registration date and the filing of the rectification application.
Psyco Remedies Ltd. v.Micro Labs Ltd.
This Madras High Court judgment concerns a petition filed by Psyco Remedies Ltd. seeking rectification of a trademark held by Micro Labs Ltd. However, before the court could rule on the merits of the rectification request, the parties reached an out-of-court settlement. Both sides agreed to withdraw related litigation and mutually refrained from taking further action against each other concerning the subject trademarks. Consequently, the High Court dismissed the petition as withdrawn.
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