REDDYS LABORATORIES LIMITED Vs. FAST CURE PHARMA

JUDGEMENT

(1.) This petition under Sec. 57 of the Trade Marks Act, 1999 seeks rectification of the register of trademarks by removal, therefrom, of the mark 'RAZOFAST', registered in favour of Respondent 1 on 23/12/2018 vide Certificate No. 2058491 w.e.f. 25/6/2018.

(2.) Mr. Ranjan Narula, learned counsel for the petitioner points out that, even as on 25/6/2018 when Respondent 1 had applied for registration of the 'RAZOFAST' wordmark as a trademark, the petitioner was already the proprietor of a registration for the mark 'RAZO', granted on 23/5/2018 vide certificate no. 1868927. This Court has, vide judgment and decree dtd. 16/8/2023, passed in CS (COMM.) 436/2021 between the plaintiff and the defendant, already held that the mark 'RAZOFAST' of Respondent 1 infringes the petitioner's registered mark 'RAZO', as it copies and incorporates the entire registered 'RAZO' trademark of the plaintiff and is deceptively similar thereto. That judgment remains undisturbed till date.

(3.) As such, as the impugned mark is deceptively similar to the mark 'RAZO' of the petitioner, registered prior in point of time, the very Application No. 3869298 filed by Respondent 1 on 25/6/2018, seeking registration of the impugned mark 'RAZOFAST', in class 5, which was the same class in which the mark 'RAZO' stood registered in favour of the plaintiff on 23/5/2018 w.e.f. 24/5/2012, could not have been granted.