MANKIND PHARMA LTD. vs RAM KUMAR M/S DR. KUMARS PHARMACEUTICALS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 22.08.2025 + C.O. (COMM.IPD-TM) 566/2022 MANKIND PHARMA LTD. .....Petitioner versus RAM KUMAR M/S DR. KUMARS PHARMACEUTICALS .....Respondent Advocates who appeared in this case For the Petitioner : Mr. Hemant Paswani, Ms. Saumya Bajpai and Ms. Pranjal, Advocate. For the Respondent : Mr. Nishant Gautam, CGSC with Mr. Shaurya Mani Pandey and Mr. Prithviraj Dey, Advocates for R2. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 1. The present Rectification Petition has been filed under Section 57 of the Trade Marks Act, 1999 (“Act”) seeking rectification of the Register of Trade Marks by cancellation/removal of the Trade Mark ‘UNKIND’ bearing Application No. 1711563 registered in Class 35 (“Impugned Trade Mark”) registered in favour of Respondent No. 1. 2. The present Petition has been transferred from the Intellectual Property Appellate Board (“IPAB”) consequent upon the abolition of IPAB, Signature Not Verified C.O. (COMM.IPD-TM) 566/2022 Page 1 of 7 Signed By:NEELAM SHARMA Signing Date:22.08.2025 16:22:00 and upon promulgation of the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance, 2021. FACTUAL BACKGROUND: 3. The Petitioner was incorporated in the year 1991 and is engaged in the business of manufacturing and marketing medicinal, pharmaceutical and veterinary preparations. The predecessor-in-interest of the Petitioner adopted the mark ‘MANKIND’ in the year 1986. The Petitioner has more than 300 registered Trade Marks, wherein the word ‘MANKIND’ and/or ‘KIND’ forms a part of its Trade Marks (“KIND Family of Marks”). The Petitioner is also the registered proprietor of the Mark ‘MANKIND’ in all 45 classes. 4. Respondent No. 1 adopted the Impugned Trade Mark, ‘UNKIND’ on