MANKIND PHARMA LIMITED vs THE REGISTRAR OF TRADE MARKS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgement delivered on: 22.08.2025 + C.A.(COMM.IPD-TM) 54/2024 MANKIND PHARMA LIMITED .....Appellant versus THE REGISTRAR OF TRADE MARKS .....Respondent Advocates who appeared in this case For the Appellant : Mr. Hemant Daswani, Ms. Saumya Bajpai & Ms. Pranjal, Advocates. For the Respondent : Mr. Vinay Yadav, SPC along with Ms. Kamna Behrani, Mr. Ansh Kalra & Mr. Siddharth Gautam, Advocates. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT 1. The present Appeal has been filed under Section 91 of the Trade Marks Act, 1999 (“Act”), being aggrieved by the Order dated 15.03.2024 (“Impugned Order”) passed by the Examiner of Trade Marks (“Examiner”), refusing the Appellant's Application for registration of the mark PETKIND (“Subject Trade Mark”) bearing Application No. 5157441 (“Application”) in Class 5. 2. The learned Examiner has refused the Application on the ground that there is a prior application to the Subject Trade Mark for registration of a mark which is phonetically and visually similar to the Subject Trade Mark Signature Not Verified Signed By:NEELAM SHARMA Signing Date:22.08.2025 C.A.(COMM.IPD-TM) 54/2024 Page 1 of 9 16:22:00 and in respect of similar goods and services and under the same Class. Therefore, the Application was refused with the finding that the Subject Trade Mark is not registrable pursuant to Section 11(1) of the Act. FACTUAL BACKGROUND 3. The Appellant is a leading marketer of wide range of pharmaceutical, medicinal and veterinary preparations in India under its various distinctive and recognised well-known Trade Marks and is one of the largest pharmaceutical companies of India. 4. On 01.10.2021, the Appellant had applied for registration of the Subject Trade Mark via the Application for Medicinal, Pharma