BIO CHEM PHARMACEUTICAL INDUSTRIES Vs. ASTRON PHARMACEUTICLES

JUDGEMENT

(1.) Heard.

(2.) This appeal is directed against an order dated 7th October, 1999 passed by the Assistant Registrar of Trade Marks dismissing Opposition No. DEL 8597 of the appellant-M/s. Biochem Pharmaceutical Industries and allowing the registration of the trade mark BICILLIN in Class 5.

(3.) The trade mark of the appellant is 'BIOCILIN' while the trade mark of the respondent is 'BICILLIN'. There is no dispute in between the parties about one aspect that 'BIOCIIIN' as well as 'BICILLIN' both have been used in respect of two drug components, namely, means two, Cell in standing a mixture of AMPICILLIN and CLOXACILLIN. In so far as 'BIOCILIN' is concerned, the appellants have acquired a reputation in the trade in respect of their trade mark.