MANKIND PHARMA LIMITED vs REGISTRAR OF TRADE MARKS

Judgment text excerpt

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 09.01.2026 + C.A.(COMM.IPD-TM) 13/2025 & I.A. 7045/2025 MANKIND PHARMA LIMITED .....Appellant Versus THE REGISTRAR OF TRADE MARKS .....Respondent Advocates who appeared in this case For the Appellant : Mr. Hemant Daswani and Ms. Saumya Bajpai, Advocates. For the Respondent : Ms. Nidhi Raman, CGSC with Mr. Om Ram & Mr. Mayank Sansanwal, Advocates CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 1. The present Appeal has been filed under Section 91 of the Trade Marks Act, 1999 (“Act”), being aggrieved by the order dated 06.11.2024 (“Impugned Order”) passed by the Respondent, refusing the Appellant's Application for registration of the Mark ‘PETKIND’ (“Subject Trade Mark”) bearing Application No. 5157443 (“Application”) in Class 31. 2. The Respondent has refused the Application on the ground that there was a prior application for the mark ‘PETKIND’ (“Cited Mark”) under Application No. 4648505, which is phonetically and visually similar to the Signature Not Verified C.A. (COMM.IPD-TM) 13/2025 Page 1 of 10 Signed By:NEELAM SHARMA Signing Date:09.01.2026 18:45:10 Subject Trade Mark and in respect of similar goods and services and under the same Class. Therefore, the Application was refused vide Impugned Order with the finding that the Subject Trade Mark is not registrable pursuant to Sections 9(1)(a), 9(1)(b) and 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 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 by way of Application for agricultural, horticultural, aquacultural, forestry products