MANKIND PHARMA LIMITED vs ZHEJIANG YIGE ENTERPRISE MANAGEMENT GROUP CO LTD & ANR.

* I N T H E H I G H CO U R T O F D E L H I A T N E W D E L H I Reserved on: April 24, 2025 % Pronounced on: May 14, 2025 C.A.(COMM.IPD-TM) 2/2024, I.A. 271/2024-Stay MANKIND PHARMA LIMITED .....Appellant Through: Mr. Hemant Daswani, Ms. Saumya Bajpai, Advs. Versus ZHEJIANG YIGE ENTERPRISE MANAGEMENT GROUP CO. LTD. & ANR. .....Respondents Through: Mr. Amit Tiwari, Advocate with Mr. Vikram Singh Dalal, Mr. Yashpriya Sahran and Mr. Pratham Chawla, Advocates. CORAM: HON’BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT PREFACE: 1. The appellant, has preferred the present appeal under Section 91 of the Trade Marks Act, 19991 assailing the order dated 29.05.20232, passed by the learned Deputy Registrar of Trade Marks3, whereby its opposition 1 hereinafter referred to as “TM Act” 2 hereinafter referred to as “impugned order” 3 hereinafter referred to as “respondent no.2” C.A.(COMM.IPD-TM) 2/2024 2. The appellant, Mankind Pharma Limited, a fully integrated pharmaceutical company involved in the business of manufacturing and marketing of a wide range of medicinal, pharmaceutical, veterinary preparations as also therapeutic product ranges under various brand names, including under the trademark ‘FLO