VIVIDHMARGI INVESTMENT PVT. LTD. Vs. GLENMARK PHARMACEUTICALS LTD.

JUDGEMENT

(1.) THIS order will dispose of on opposition filed by M/s. Glenmark Pharmaceuticals Ltd. B/2, Mahalaxmi Chambers, 22, Bhulabhai Desai Road, Mumbai 400 026, (hereinafter called Opponents) to oppose the registration of Trade Mark "RIDULCER" in Class 5 in respect of pharmaceutical and medicinal preparations under Application No. 508896 B filed by Vividhmargi Investment Pvt. Ltd. 11/12, Udyog Nagar, S.V. Road, Goregaon (West), Mumbai 400 062 (hereinafter called the Applicant).

(2.) BRIEFLY stating the fact of the present case, an application for registration of trade mark "RIDULCER" in Class 5 in respect of Pharmaceutical and Medicinal preparations was filed by Vividhmargi Investment Pvt. Ltd (hereinafter called the Applicants). The application was filed on 20.4.1989 and the use of the mark was proposed to be used on date of application. The application in due course was accepted for registration in Part B of the Register and was accordingly advertised in the Trade Mark Journal No. 1067 dated 16.11.1993. A Notice of opposition was filed by M/s Glenmark Pharmaceuticals Ltd., (hereinafter called the Opponents). Opposing registration of trade marks inter alia on the grounds that the registration of the trade mark was prohibited under Sections 9, 11(a), 12(1) and 18(1) of the Trade and Merchandise Marks Act, 1958 (hereinafter called the Act). The applicant filed the counter statement denying the allegations. They further stated that they have adopted the trade mark bona fidely in the year 1988, It was prayed that the notice of opposition may be dismissed and the costs of the proceedings may be awarded. The opponents filed an affidavit of Mrs. Blanche Elizabeth Saidhana, alongwith Annexure marked as Exhibits A to D as evidence in support of opposition. No evidence in support of application was filed, despite opportunity having been granted to the applicant. On the contrary they relied upon the contents of counter statement. On completion of evidence, the matter was listed for hearing and the matter came up for hearing on 23.2.2000 when Mr. V.F. Shah appeared for applicants and Mr. V.S. Hegde appeared for opponents. Arguments were heard and the order was reserved. The arguments of the Ld. Counsel for the opponents in brief were as under:

(3.) I have gone through the records of the proceedings and submissions made by the parties.