BIOCON LIMITED Vs. BASARASS BIOCON INDIA PRIVATE LIMITED

JUDGEMENT

(1.) The plaintiff/company has filed the present suit seeking the aforementioned prayers against the defendant.

(2.) The brief facts of the case of the plaintiff, as averred by the plaintiff is as follows:-

(3.) The learned counsel for the plaintiff submitted that as per law, once a mark is registered, the date of registration takes effect from the date of the application. Accordingly, the registration of the plaintiff's trademarks under classes 1,3,5,9,16 and 29 is valid with effect from 25/1/1999 onwards and the plaintiff has been continuously using the trademark 'Biocon' since April 1979 and hence has a vested right of prior use under the law from such date. But the defendant was admittedly incorporated only in the year 2000 and is not a registered proprietor of the trademark 'Biocon'. However, by using the name of the plaintiff 'Biocon', the defendant has caused huge loss to the plaintiff and thereby sought to grant the prayers sought for in the present suit.