MANKIND PHARMA LIMITED Vs. ARVIND KUMAR TRADING

JUDGEMENT

(1.) The present petition has been filed seeking cancellation/removal of the impugned trademark 'NIKIND' (word per se), registered under no.2290683 in Class 5 in the name of the respondent no.1, from the Register of Trade Marks.

(2.) Briefly, the case set up in the petition is that the petitioner company is engaged in the business of manufacturing and marketing medicinal, pharmaceutical and veterinary preparations. The mark 'MANKIND' was adopted in the year 1986 by the predecessors of the petitioner.

(3.) The petitioner has more than 150 trademarks registered wherein the word 'MANKIND' and/or 'KIND' forms a part of its trademarks (hereinafter referred to as 'family of marks'). The petitioner is also the proprietor of the mark 'MANKIND' in all 45 Classes. A list of 133 marks belonging to the 'KIND' family of marks registered in favour of the petitioner has been given at page 239 of the petition. The petitioner is also the owner of the various websites which include the word 'MANKIND'.