The Delhi High Court has upheld the KIND brand owned by Mankind Pharma, a leading pharmaceutical company in India, and quashed the opposition to its trademark KINDPAN. This decision has significant implications for the pharmaceutical industry and intellectual property (IP) law in India.
Mankind Pharma had filed for the trademark KINDPAN in 2019, but it was opposed by a rival company, Otsuka Pharmaceutical Company, which claimed that the trademark was similar to its own brand name “Kindly” and could cause confusion among consumers. Otsuka also argued that Mankind Pharma’s application was not in good faith and was an attempt to capitalise on the reputation of Otsuka’s brand.
However, the Delhi High Court has dismissed Otsuka’s opposition and upheld Mankind Pharma’s trademark application. The court observed that the trademarks KINDPAN and Kindly are distinct and the similarity between the two marks is limited only to the prefix “Kind”, which is a common prefix in several trademarks. The court also noted that Mankind Pharma had filed for the trademark KINDPAN in good faith and had not attempted to deceive or mislead consumers.
This judgment is significant for several reasons. Firstly, it establishes that a company can own multiple trademarks with similar prefixes, provided that the marks are distinct and do not cause confusion among consumers. Secondly, it shows that a company’s reputation and goodwill are not transferable to another company, and that each trademark application must be evaluated on its own merit.
The judgment also highlights the importance of clear and precise language in trademark applications. The Delhi High Court emphasized that the similarity between the trademarks KINDPAN and Kindly was limited to the prefix “Kind” and that the marks were not so similar as to cause confusion among consumers.
Overall, this judgment is a positive development for the pharmaceutical industry and IP law in India. It provides a clear framework for trademark applications and oppositions, and helps to ensure that companies can protect their intellectual property rights without undue interference from rival companies.