The Delhi High Court has ruled in favor of Mankind Pharma Limited, ordering the removal of a similar trademark “Kindpan” registered by a proprietorship firm, Sanavita Medicare. Mankind Pharma claimed that it was the owner of the “Kind” and “Mankind” marks, and that the respondent’s registration of the “Kind” mark in class 5 for medicinal and pharmaceutical preparations was an attempt to capitalize on Mankind Pharma’s goodwill and reputation.
The court agreed with Mankind Pharma’s argument, noting that Mankind Pharma was the owner and prior user of the “Kind” and “Mankind” marks, and that the respondent had no plausible reason for adopting the impugned mark. The court observed that the respondent’s application for registration of the impugned mark on a “proposed to be used” basis was suspicious, and that the only reason for doing so was to exploit Mankind Pharma’s established goodwill and built-up reputation.
The court also noted that Mankind Pharma had developed a strong reputation and goodwill in the “Mankind” and “Kind” family of marks, and that the impugned mark was likely to cause confusion among customers. Therefore, the court directed the Trademarks Registry to remove the impugned trademark, citing that it was liable to be taken off due to its similarity to Mankind Pharma’s existing marks.
This decision serves as a reminder of the importance of trademark protection and the need for businesses to vigilantly monitor and protect their intellectual property rights. It also highlights the court’s willingness to take action against trademark infringement and to protect the interests of established businesses.