SANDEZ LIMITED Vs. PHARMACEUTICAL

JUDGEMENT

(1.) This appeal arises from an order dated 26-4-1983 of Shri P.S.Sharma, Additional District Judge, Delhi, whereby the issue of the interim injunction against the defendants from marketing the product "Synthocilin" was declined. It was, however, directed that the defendants would continue to file copies of their accounts duly authenticated every year till the disposal of the suit with regard to the sale of this product.

(2.) Briefly stated the background is that the trade mark "Syntocinon" for their medicine used for female harmones was got registered under the Trade Merchandise Marks Act by the plaintiffs on 12-5-1955. It is continuing to be registered as such. The defendents on their part sought for registration of their product 'Synthocilin" an authentic medicinal preparation under the Act on 2-4-1973, claiming that they have been marketing the same from September, 1972. To this registration, the plaintiffs filed opposition. The Registrar after hearing both the sides in a detailed order dated 29-6-1977 rejected this application for registration by the defendants. The defendants did not file any appeal against that order although such right was available under Section 109 of the said Act.

(3.) Another application was moved by the defendants for registration of the same trade name on 1-8-1977. Opposition to that as well was filed by the plaintiffs, and the matter in this regard is still pending before the Registrar.