The Delhi High Court has rejected a trademark claim by Alkem Laboratories, a pharmaceutical company, over the use of the term “A TO Z” for its products. The court ruled that alphabets are public property and cannot be monopolized by a single entity.
Alkem Laboratories had filed a lawsuit against another pharmaceutical company, Unichem Laboratories, alleging that Unichem’s use of the term “A TO Z” for its products infringed on Alkem’s trademark. Alkem claimed that it had been using the term “A TO Z” for its products since 1972 and had acquired a reputation and goodwill in the market.
However, the court rejected Alkem’s claim, stating that alphabets are public property and cannot be trademarked. The court observed that the term “A TO Z” is a common phrase used to denote a comprehensive range of products or services, and its use by Unichem did not infringe on Alkem’s trademark.
The court also noted that Alkem had not provided sufficient evidence to prove that its use of the term “A TO Z” had acquired a distinctive character and was exclusively associated with its products. The court held that the term “A TO Z” is a descriptive phrase and not a distinctive trademark.
The judgment is significant as it sets a precedent for the use of common phrases and alphabets in trademarks. It emphasizes that companies cannot claim exclusive rights over public property, such as alphabets, and that trademark law is intended to protect distinctive signs and symbols that identify a particular business or product.
The court’s decision is also a victory for Unichem Laboratories, which can continue to use the term “A TO Z” for its products without fear of infringement. The judgment highlights the importance of ensuring that trademark claims are not used to stifle competition or restrict the use of common language.
In conclusion, the Delhi High Court’s rejection of Alkem’s trademark claim over the term “A TO Z” is a significant ruling that emphasizes the public nature of alphabets and common phrases. The judgment sets a precedent for the use of trademarks and highlights the importance of protecting distinctive signs and symbols that identify a particular business or product.