PRAMOD HEGDE Vs. INDCHEMIE HEALTH SPECIALITIES PVT. LTD

JUDGEMENT

(1.) The order of the Intellectual Property Appellate Board (hereinafter, referred to as the "Appellate Board") dated 22/11/2011, is assailed in this writ petition.

(2.) The relevant facts leading to the passing of that order are as follows:

(3.) Sri. Harikrishna S.Holla, learned counsel appearing for the petitioner contended that the trade marks sought to be registered by the petitioner is 'Z-CAL', whereas, the trade mark of the respondent is 'ZECAL', these trade marks are dissimilar. On a comparison of the two trade marks, there are no visual, phonetic or structural similarity, thus, these trade marks are not similar, there would be no confusion in the industry if both the marks are used simultaneously. That it is a common practice in the pharmaceutical industry to adopt the name of the chemical compound utilized in the manufacture of the medicinal products as part of the name of the product preceded by an alphabet or combination of any two chemical compounds followed by a numerical as the trademark of the product. That there are several instances where the product name is a combination of the chemical compounds used in the manufacture of the products. That the Appellate-Board was not right in holding that the Deputy Registrar ought not to have allowed the registration of the petitioner's mark, as it is a generic name. That the Appellate-Board was also not right in holding that the petitioner had failed the test of honest adaptation. He thus contended that the decisions relied upon by the Appellate-Board are not applicable to the case and hence, the order of the Appellate-Board be quashed and the order of the Deputy Registrar be upheld by allowing the writ petition.