Mankind Pharma, a leading pharmaceutical company in India, was founded by brothers Ramesh and Rajeev Juneja in 1995 with a modest capital of Rs 50 lakh and just 20 employees. Today, the company is the fourth-largest pharmaceutical company in India, with a market capitalization of Rs 97,572 crore. The Juneja brothers, who hail from Meerut in Uttar Pradesh, have come a long way from their humble beginnings. Ramesh, the chairman and whole-time director, started out as a medical representative, while Rajeev, the vice chairman and managing director, worked in a chemist’s shop.

Despite their simple starts, the brothers had big dreams and a vision to make a mark in the pharmaceutical industry. They launched their operations in just two states in the first year, but over time, their business expanded massively across India and internationally. The company is known for its popular brands such as Manforce condoms, Gas-O-Fast antacid, and the multivitamin HealthOK, all of which were named by Ramesh Juneja.

In April 2023, Mankind Pharma launched its initial public offering (IPO), which attracted significant attention from investors and the public. Two major private equity firms, Capital International and ChrysCapital, have invested in the company, demonstrating their confidence in its potential. The Juneja brothers’ success has also been recognized by Forbes, which estimates Ramesh’s net worth at Rs 27,472 crore and Rajeev’s at Rs 26,613.5 crore.

The journey of Mankind Pharma and the Juneja brothers is an inspiring tale of entrepreneurship and perseverance. From a small business in Meerut to becoming industry giants, their story is a testament to the power of vision, hard work, and innovative thinking. Today, Mankind Pharma is a household name in India, and its products are trusted by millions of people. The company’s success has also created employment opportunities and contributed to the growth of the Indian economy. As Mankind Pharma continues to expand and innovate, its founders remain committed to their mission of providing quality healthcare products to people across the country.

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.

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.

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.