MANKIND PHARMA LIMITED Vs. PREET KAMAL GREWAL

JUDGEMENT

(1.) The petitioner, by this petition under Sec. 57 of the Trade Marks Act of 1999 'Act', seeks removal of the impugned trademark 'KINDPAN' 'impugned mark' registered vide trademark application no. 2795896, in Class 5 of the Act, in the name of respondent no.1.

(2.) Though the petitioner, a leading pharmaceutical company involved in the manufacturing and marketing of medicinal, pharmaceutical and veterinary preparations under various brand names, including the trademark 'MANKIND,' was incorporated in the year 1991, it was its predecessors-in-interest, through its Chairman and Founder, trading under the name 'MANKIND PHARMA,' who adopted the trademark 'MANKIND' in the year 1986.

(3.) The petitioner is recognised as a substantial player in the pharmaceutical industry, having generated the highest number of 'Prescriptions per Month per Doctor' 'PDM' in the year 2011, as per the PMD Audit for that year. The 24 top 'KIND' brands of the petitioner, for the year 2018, have reportedly generated an audited annual turnover of over Rs.1,300.00 Crores. As per the Chartered Accountant Certificate filed by the petitioner, it had achieved an annual turnover of Rs.3923.00 Crores for the financial year 2017-2018, Rs.3877.00 Crores for the financial year 2018-2019 and Rs.4794.00 Crores for the financial year 2019-2020. The said CA Certificate has been filed herewith as Exhibit-H.