HIMALAYA DRUG CO. Vs. WARNER-LAMBERT PHARMACEUTICAL CO.

JUDGEMENT

(1.) BY this petition the petitioners who are a firm have filed an appeal against the Judgment and Order of the Deputy Registrar dismissing the Opposition filed by the petitioners before him. The respondent is a Company incorporated in the State of New Jersey, U.S.A. Both the petitioners and the respondent carry on business as manufacturers of medicinal and pharmaceutical preparations.

(2.) ON 20th May, 1955 the petitioners' trade mark 'NARDYL' was registered in respect of goods in Class 5 of Part A of the Register. On 8th March, 1960 the respondent company filed an application before the Registrar for registration of its trade mark 'NARDELZINE' in Part A of the Register in respect of goods in Class 5. On 19th April, 1962 the petitioners filed a Notice of Opposition to the registration of the respondent's said mark. On 30th July, 1964, the Assistant Registrar dismissed the petitioners' Opposition. On 21st October, 1964 the petitioners filed an appeal to this Court. In that appeal a Consent Order was passed on 20th January, 1966 whereby the Judgment of the Assistant Registrar was set aside and the matter was remanded back to the Registrar with certain directions.

(3.) THE petitioners use their mark in relation to a medicinal preparation belonging to the group of tranquillisers for the treatment of psycho -neurotic disorders, neuro circulatory asthenic, nervous tension, insomnia and like maladies. The clinical effect of the petitioners' preparation is to bring about a depression of over -activated nerves. The petitioner's preparation is, therefore, to put it briefly, a tranquilliser or depressant. The respondent's preparation is a psychic energizer and its clinical effect is to activate or stimulate sluggish nerves. Shortly stated, the respondent's preparation is a stimulant or energizer.