K D CHEM Vs. TAS MED LTD

JUDGEMENT

(1.) The petitioner seeks quashing of complaint instituted by the respondent-complainant in the Court of Chief Judicial Magistrate, Chandigarh under Sections 77, 78 and 79 of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as 'the Act') and subsequent proceedings taken therein.

(2.) In order to decide the controversy raised in the present petition, in a few facts as stated in the complaint need to be noticed. Complainant M/s. Tas Med (I) Ltd. based in Sector 26, Chandigarh through its Director, Balwan Singh, has stated in the complaint that it is engaged in manufacture and sale of medicines like Mogit, Lokcid, Lam, Helineso, Isonit, Tamin, Famit, Zedep as well as Digon etc. The company of the complainant is the proprietor of the trade mark LOKCID which is a product of the company. It had moved application No. 701525 which is pending before the Registrar of Trade Mark at Bombay. Having applied prior and on account of prior adoption and extensive users of trade mark LOKCID, it had acquired under the Act exclusive right to use this trade mark of 'LOKCID'. The people of trade and consumer, associate doctors, chemists as well as stockists associates are well conversant with the above product bearing trade mark 'LOKCID' product of the company and thus their products have acquired reputation in the market. The complainant company spent lakhs of rupees for advertisement of this product. Lately, it has come to the notice of the complainant that the petitioner had been using the said brand name of 'LOKCID' by falsified trade mark of 'LOKCID' and had in its possession dies block and other instruments used for falsified trade mark 'LOKCID' which is the trade name of the product produced by the complainant company. Having manufactured the said drug with the falsified trade mark 'LOKCID' the petitioner had committed the offence under Sections 77, 78 and 79 of the Act. Aggrieved by the complaint filed, the petitioner has sought quashing of the complaint.

(3.) I heard counsel for the petitioner as well as counsel representing the respondent-complainant at length.