STADMED PRIVATE LIMITED Vs. ABBOTT LABORATORIES

JUDGEMENT

(1.) WORD 'ZYTRIN' was sought for registration under Application No. 1069985 in class 5 dated 28th December, 2001 in respect of pharmaceutical and medicinal preparations by the above named Applicants. The mark was proposed to be used on the date of application. Eventually the application was advertised before acceptance under the proviso to Section 20(1) vide Trade Marks Journal No. 1306 (S -II) dated 4th November, 2003 at page 174.

(2.) ON 16th March, 2004 a notice of opposition on Form TM -5 was lodged by the above named Opponents objecting to the registration of the aforesaid impugned mark on the following grounds: -

(3.) THAT the Opponents are the registered proprietors of the same trade mark 'HYTRIN' in various countries of the world as per details contained in para 16 of the notice of opposition and that the same is also known as well -known trade mark on account of its use and reputation throughout the world and that under these circumstances the registration of the impugned mark which is deceptively similar to the registered trade mark of the Opponents, is likely to cause confusion or deception during the course of trade and hence prohibited for registration under Section 11 read with Section 12 of the Act.