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.

Mankind Pharma, India’s fourth-largest pharmaceutical company, has launched a new campaign for its HealthOK 100% vegetarian multivitamin tablets, featuring actress Archana Puran Singh. The campaign is aimed at raising awareness about the brand’s 100% vegetarian multivitamin tablets, which provide complete nutritional support while aligning with Indian vegetarian’s dietary practices. The campaign humorously depicts Archana’s quest to find a non-vegetarian multivitamin in an Indian vegetarian family function, highlighting the gap between the need for multivitamins and the lack of vegetarian options.

India has a significant vegetarian population, particularly in states like Rajasthan, Uttar Pradesh, Maharashtra, Gujarat, and Delhi NCR, where many follow a strict vegetarian diet. However, many vegetarians unknowingly consume non-vegetarian multivitamin supplements, which conflicts with their lifestyle. HealthOK tablets address this concern by offering 100% vegetarian multivitamin tablets, enriched with Taurine and Ginseng, providing essential nutrients without compromising on dietary preferences.

The campaign, which will be launched across various platforms, coincides with the Navratri festivities, a time when many Indians embrace vegetarianism as part of their religious observance. Archana Puran Singh, who is a strict vegetarian herself, has expressed her enthusiasm about the campaign, stating that it is crucial for vegetarians to be aware of the HealthOK vegetarian nutritional supplement being available, which they can consume. The campaign aims to create strong awareness about HealthOK as the preferred choice for vegetarians seeking a high-quality multivitamin solution.