HIND CHEMICALS LTD. Vs. RAJESH CHAWLA

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present suit filed by the Plaintiff under Sec. 134 of the Trade Marks Act, 1999 relates to the Plaintiff's mark 'SU-MAG' and Defendants' mark 'GUDMAG' (hereinafter, 'impugned mark') used in respect of pharmaceutical preparations in Class 5.

(3.) The Plaintiff-Hind Chemicals is the registered proprietor of the trade mark 'SU-MAG', and has been using the said mark for a cream-based composition marketed as 'SU-MAG' ointment since 1949. At the outset, itself, Mr. Daswani, ld. Counsel submits that Defendant Nos. 3&4-Lifestyle Pharma Pvt. Ltd. has now merged with Mankind Pharma Ltd. Accordingly, let the fresh memo of parties be filed by the Plaintiff within a period of one week.