In a significant ruling protecting established brand identities, the Delhi High Court has ordered the removal of the trademark ‘UNKIND’ from the Register of Trade Marks. The judgment came in response to a rectification petition filed by Mankind Pharma Ltd., which argued that the mark was deceptively similar to its well-known ‘KIND’ family of trademarks.
Justice Tejas Karia delivered the verdict on August 22, 2025, emphasizing the reputation and exclusivity associated with Mankind Pharma’s ‘KIND’ marks. The company, which has been using the ‘MANKIND’ mark since 1986, has over 300 registered trademarks containing the word ‘KIND’. The court noted that the mark ‘MANKIND’ has even been officially recognized as a well-known trademark by the Registrar of Trade Marks.
The respondent, Ram Kumar M/S Dr. Kumars Pharmaceuticals, had registered ‘UNKIND’ in Class 35 in 2008 but failed to appear in court despite multiple opportunities. The court proceeded ex-parte, accepting Mankind’s uncontroverted pleadings. The petitioner’s counsel, Mr. Hemant Paswani, argued that the ‘KIND’ suffix had acquired distinctiveness through decades of use and substantial investment in promotion. The company’s annual turnover for products containing ‘KIND’ exceeded ₹1300 crores in 2017 alone.
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Justice Karia referred to earlier judgments, including Mankind Pharma Ltd. v. Cadila Pharmaceuticals Ltd., where it was held that the word ‘KIND’ has no relation to pharmaceutical products and deserves higher protection due to its exclusive association with the petitioner. The court observed, “Merely changing the first part of the mark and using the distinguishing family name is likely to cause confusion in the market.”
The ruling underscores the importance of protecting well-known trademarks from dishonest adoption by others seeking to leverage established goodwill. The Trade Marks Registry has been directed to cancel the ‘UNKIND’ registration and update its records promptly. This judgment reinforces the legal framework safeguarding brand identity and consumer trust in India’s competitive market.
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Case Title: MANKIND PHARMA LTD. vs. RAM KUMAR M/S DR. KUMARS PHARMACEUTICALS & ANR.
Case No: C.O. (COMM.IPD-TM) 566/2022
