Alkem Laboratories, one of India’s largest pharmaceutical companies, has been embroiled in a trademark dispute with Alchem International, a manufacturer of plant-derived active ingredients and Ayurvedic extracts. The controversy centers around the use of the marks “ALKEM” and “ALCHEM”, with Alkem claiming that Alchem’s increasing use of its mark is likely to cause confusion and amounts to trademark infringement and passing off. Alkem has been using its mark since its incorporation in 1973 and holds multiple trademark registrations, with the earliest dating back to October 1973.

Alchem, on the other hand, began using its mark in 1985, asserting that it was coined from the words “Alkaloids and Chemicals”. The company argues that Alkem’s suit is barred by delay and acquiescence, as Alkem was aware of its business for decades and took no action after sending a cease-and-desist notice in 2005. Alchem also contends that its operations, focused on nutraceuticals and herbal extracts, are distinct from Alkem’s prescription drug business.

Furthermore, Alchem relies on a 1990 Bombay High Court order that refused interim relief to Alkem in an earlier dispute involving another entity using the “Alchem” name. This, Alchem argues, demonstrates that Alkem’s mark lacked reputation at the time. Additionally, Alchem maintains that its use of the mark for exports and Active Pharmaceutical Ingredients (API) manufacture since 1985 constitutes honest and concurrent use.

The dispute highlights the complexities of trademark law, particularly in cases where similar marks are used by different companies operating in related but distinct fields. The outcome of the case will depend on the court’s assessment of the likelihood of confusion, the reputation of Alkem’s mark, and the validity of Alchem’s defenses. The case also raises questions about the implications of delay and acquiescence in trademark disputes, as well as the scope of honest and concurrent use. Ultimately, the court’s decision will have significant implications for the pharmaceutical industry in India and the protection of intellectual property rights.