recently, The Delhi High Court of India Mankind Pharma Limited (Hereafter referred to as human pharmaceutical) v Novakind Bio Sciences Private Limited (Hereafter called Novakind) The case was decided, The court grants Plaintiff's unilateral petition for a temporary injunction against Human pharmaceuticals and orders Defendant Novakind Stop production, Generalized sum (or) Sell anything with "Kind" Suffixes or any other similar marks infringe plaintiff's intellectual property rights of pharmaceutical products.

The plaintiff sought a temporary injunction, The defendant is prohibited from including words in the plaintiff's set of trademarks "Kind" Used as part of the brand name. The plaintiffs are one of India's biggest drug companies, is "Mankind" Trademark in 45 category 78 Item registered owner. The mark is recognized as a well-known trademark by the trademark registration authority. Plaintiff in 5 Class ownership 120 Entry registration, A suffix that appears in different trademarks "Kind" Very eye-catching, For example "Dexakind" "Dentakind" "Metrokind" and "Moxikind" .

Based on this, Plaintiff claims, The suffix is an important feature of its series of trademarks. Plaintiff claims, Court in Mankind Pharma Ltd v Cadila Pharmaceuticals Ltd and Mankind Pharma Ltd v Sebakind Pvt Ltd The injunction request was granted in a court order issued in similar cases. The plaintiff also alleges fraud on the part of the defendant, And submitted a case for the defendant "Defzakind" product. Plaintiff claims, accused 2 A sign uses a misleading sign. "Defzakind" Is described as a valid trademark, The trademark application for the mark was cancelled when a counterclaim was not filed. "Novakind Biosciences" Described as a registered trademark, But its application is still pending.

Plaintiff claims, Publicly published data extracted by the defendant from the Companies Registry's master data records indicated that its registered office was located in Lucknow, Uttar Pradesh, But it's a different address from the one posted on the product. This deceived the public.

The court cited the Supreme Court's decision Cadila Health Care Ltd v Cadila Pharmaceuticals Ltd The decision of the case: Confusion between medical products can be life-threatening, Confusion similarity tests involving pharmaceutical products should be adjusted.

The court said, suffix "Kind" In all of Plaintiff's products, So you get the significance. The defendant's use of the suffix indicates that the defendant intended to cause confusion, Deceiving consumers into thinking that the product belonged to the plaintiff company. In addition, The court took a more serious approach in deciding the issue, According to "The defendant may misrepresent the trademark registration and the registered address of the office to the product. Whereas the defendant's product is a medical product, This is a very serious question, So plaintiff's request for a temporary injunction is justified. "

The case has not yet been fully decided, The court is scheduling a further hearing. The case highlights the serious consequences of confusing trademarks, Medical products in particular. The slightest mistake can kill a consumer. When deciding on or selecting a trademark for a pharmaceutical product, Owners have to do due diligence, To avoid similarity. In this respect, The Trademark Registry will assist.

In addition, And the name of the business, address, The details related to the consumer hotline must be clear and easy to understand. The interests of consumers should come first. Pharmaceutical trademarks require due diligence, Scrutiny should also be stricter. Infringement or negligence may cause serious consequences. The Delhi High Court reiterated that position.

(Compiled from www. lexorbis. com)

Reprinted from China Intellectual Property Network   translation: Rason group　proofread: Wang Dan

disclaimer: This website reprint articles are from the Internet, Does not represent the views of this website or confirm the authenticity of its content. If the source is mislabeled or the copyright of the article is involved, Please contact this website, This website will be corrected in due course, delete, thank you.