MANKIND PHARMA LIMITED vs PREET KAMAL GREWAL AND ANR

Judgment text excerpt

* I N T H E H I G H CO U RT O F DE L H I AT NE W DE L H I Reserved on: March 26, 2025 % Pronounced on: April 02, 2025 + C.O. (COMM.IPD-TM) 279/2022 MANKIND PHARMA LIMITED .....Petitioner Through: Mr. Hemant Daswani, Ms. Saumya Bajpai and Ms. Pranjal, Advocates versus PREET KAMAL GREWAL AND ANR. .....Respondents Through: Mr. Shashank Dixit and Mr. Rohit Gupta, Advocates CORAM: HON’BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT PREFACE: 1. The petitioner, by this petition under Section 57 of the Trade Marks Act of 1999 1, seeks removal of the impugned trademark ‘KINDPAN’2 registered vide trademark application no. 2795896, in Class 5 of the Act, in the name of respondent no.1. BRIEF CONSPECTUS: 2. Though the petitioner, a leading pharmaceutical company involved in the manufacturing and marketing of medicinal, pharmaceutical and veterinary preparations under various brand names, including the trademark 1 hereinafter referred to as the “Act” 2 hereinafter referred to as the “impugned mark” C.O. (COMM.IPD-TM) 279/2022 Page 1 of 11 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:02.04.2025 15:48:51 ‘MANKIND,’ was incorporated in the year 1991, it was its predecessors-in- interest, through its Chairman and Founder, trading under the name ‘MANKIND PHARMA,’ who adopted the trademark ‘MANKIND’ in the year 1986. 3. The petitioner is recognised as a substantial player in the pharmaceutical industry, having generated the highest number of ‘Prescriptions per Month per Doctor’3 in the year 2011, as per the PMD Audit for that year. The 24 top ‘KIND’ brands of the petitioner, for the year 2018, have reportedly generated an audited annual turnover of over Rs. 1,300/- Crores. As per the Chartered Accountant Certificate filed by the petitioner, it had achieved an annual turno