MANKIND PHARMA LIMITED Vs. ZHEJIANG YIGE ENTERPRISE

JUDGEMENT

(1.) The appellant, has preferred the present appeal under Sec. 91 of the Trade Marks Act, 1999,[ hereinafter referred to as "TM Act"] assailing the order dtd. 29/5/2023,[ hereinafter referred to as "impugned order"] passed by the learned Deputy Registrar of Trade Marks,[ hereinafter referred to as "respondent no.2"] whereby its opposition proceedings against the registration of the impugned mark , hereinafter referred to as "FLORASIS" filed under application no.4330041 in Class 5 has been dismissed.

(2.) The appellant, Mankind Pharma Limited, a fully integrated pharmaceutical company involved in the business of manufacturing and marketing of a wide range of medicinal, pharmaceutical, veterinary preparations as also therapeutic product ranges under various brand names, including under the trademark 'FLORA', coined in the year 1995.

(3.) For carrying on with its business activities, the appellant has in the year 2007, under application being no.1554350, been granted registration for the trademark 'FLORA' in India under Class 5 with a user claim since 1995 in respect of pharmaceutical preparations for the treatment of 'diarrhea' and related health products. In fact, the appellant has been continuously and uninterruptedly using the trademark 'FLORA' for medicinal and pharmaceutical preparations since its adoption for the first time in the year 1995.