Glaxo Group Limited vs Shreya Life Sciences Private Limited

Judgment text excerpt

901-COMP-10-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL MISCELLANEOUS PETITION NO. 10 OF 2026 Glaxo Group Limited ...Petitioner Versus Shreya Life Sciences Private Limited & Anr. ...Respondents ----- Mr. Hiren Kamod a/w. Mr. Bhavya Shah i/b. A & P Partners for Petitioner. Mr. Chintan Bhuva a/w. Mr. Siddharth Kurichh i/b. ASG Partners for Respondent No. 1. ----- CORAM : ARIF S. DOCTOR, J. RESERVED ON : 6th APRIL 2026 PRONOUNCED ON : 24th APRIL 2026 JUDGMENT 1. The present Petition has been filed under the provisions of Section 47 of the Trade Marks Act, 1999 (“Trade Marks Act”), seeking cancellation of the registration of the mark ‘PAXIL’ (“the said mark”) granted to Respondent No. 1 under Registration No. 1153709 in Class 5, i.e., pharmaceutical and medicinal preparations (“the impugned registration”). Page 1 of 28 Areeb 901-COMP-10-2026 Submissions on behalf of the Petitioner: 2. Mr. Kamod, Learned Counsel appearing on behalf of the Petitioner has at the outset submitted that the Petitioner is a company that develops a range of medicinal and pharmaceutical products worldwide and is part of the GSK Group of companies, a global pharmaceutical giant. 3. He then pointed out from the list of international registrations appended at Exhibit ‘N’ to the Petition that the Petitioner had started using the said mark in relation to its pharmaceutical products since the year 1991 and had obtained registration of the said mark in various countries. He submitted that the Petitioner’s products under the said mark were known to medical practitioners as well as consumers in India and that the Petitioner had a significant reputation both globally and in India. He then invited my attention to Exhibit ‘R’ to the P