MANKIND PHARMA LIMITED vs REGISTRAR OF TRADE MARKS

*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 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 companie