LABORATOIRES EXPANSCIENCE Vs. SEAGULL PHARMACEUTICALS PVT LTD

JUDGEMENT

(1.) This is a petition under Sec. 57 of the Trade Marks Act, 1999.

(2.) The plaintiff is the proprietor of the registered word mark "MUSTELA" in Class 3, in respect of "non-medicated lotion and cream for the care of the skin". The said word mark "MUSTELA" stands registered in favour of the plaintiff with effect from 23/8/1971 and is valid up to 23/8/2026.

(3.) The plaintiff is aggrieved by the registration of the word mark "MUSTELA" in favour of the defendant in Class 5, for medicinal and pharmaceutical preparations. Registration of the impugned mark was granted to the defendant on 31/3/2009 with effect from 1/10/2007.