The High Court of Delhi has allowed an appeal by Mankind Prime Labs, directing the Registrar of Trade Marks to process the company’s application for registration of the wordmark “CROSSRELIEF” under Class 5, which pertains to pharmaceutical and medicinal products. The application was initially rejected by the Trade Marks Registry, citing that the mark was similar to earlier marks and likely to cause confusion among the public. However, the Court rejected this rationale, clarifying that the mark “CROSSRELIEF” is a coined term that cannot be dissected or read in parts.
The Court observed that the mark is a composite singular mark that has to be taken as a whole, and it is an arbitrary and fanciful term coined by the appellant. The Court quoted precedent, noting that invented words are entitled to be registered as trademarks, and that a mark cannot be dissected into its individual parts while examining its entitlement to registration. The Court also emphasized that the term “CROSS” is generic in the medical industry and cannot be claimed as a monopoly.
The Court held that the mark “CROSSRELIEF”, when viewed as a whole, is phonetically, visually, and structurally distinct from previously cited marks, and that there is hardly any cause for it to create confusion among the members of the trade or the general public. The Court allowed the appeal and set aside the impugned order, directing the Registrar of Trade Marks to process the application for registration.
However, the Court clarified that the registration of the composite mark “CROSSRELIEF” shall not confer any exclusive right over any individual component or part of the mark, such as “CROSS” or “RELIEF”, upon the appellant. The judgment has been directed to be sent to the Registrar of Trade Marks for compliance. This decision is significant as it highlights the importance of considering a trademark as a whole, rather than dissecting it into its individual parts, and recognizes the generic nature of certain terms in the medical industry.