The Delhi High Court has ruled in favor of Mankind Pharma Limited, directing the removal of the trademark 'Kindpan'. The court’s decision came in response to a petition filed by Mankind Pharma against a proprietorship firm that had obtained registration of the disputed mark in the category of medicinal and pharmaceutical products.
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Mankind Pharma, a well-known pharmaceutical company, contended that it owns exclusive rights over the trademarks ‘Mankind’ and ‘Kind’. It pointed out that the respondent, trading as M/s Sanavita Medicare, was granted registration for the trademark ‘KIND’ under Class 5 (medicinal and pharmaceutical preparations) in August 2014. However, Mankind Pharma had already registered the ‘Kind’ mark back in January 2013.
The company argued that the respondent’s adoption of the impugned mark was nothing more than an attempt to unfairly capitalize on its goodwill and reputation.
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Justice Saurabh Banerjee noted that Mankind Pharma is the rightful owner and prior user of the ‘Mankind’ and ‘Kind’ family of marks.
"The petitioner has gained such reputation and developed a goodwill in the said 'MANKIND' and 'KIND' family of marks that they are identified/connected with the petitioner, and it only, especially when they are qua medicinal, pharmaceutical and veterinary preparations in Class 5 of the Act," the Court observed.
The Court further highlighted that the respondent had applied for the trademark on a ‘proposed to be used’ basis. It found no plausible justification for why the respondent first adopted and then sought registration of the mark.
“The reason to do so was to encroach upon the established goodwill and built-up reputation of Mankind Pharma,” the Court remarked.
Considering the above findings, the Court ruled that the disputed trademark should be removed from the records. Consequently, it directed the Trade Marks Registry to remove the ‘Kindpan’ trademark.
This decision reinforces the importance of protecting intellectual property rights and ensures that established brands are not unfairly exploited by newer entrants in the pharmaceutical industry.
Case Title: Mankind Pharma Limited vs. Preet Kamal Grewal And Anr. (C.O. (COMM.IPD-TM) 279/2022)
