PSYCHOTROPIC INDIA LIMITED vs THE REGISTRAR OF TRADE MARKS

Judgment text excerpt

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 29th January, 2026 + C.A.(COMM.IPD-TM) 14/2025 PSYCHOTROPIC INDIA LIMITED .....Appellant Through: Mr. Rishabh Srivastav and Mr. Sahil Gupta, Advocates. versus THE REGISTRAR OF TRADE MARKS .....Respondent Through: Ms. Nidhi Raman, CGSC with Mr. Om Ram and Mr. Arnav Mittal, Advocates. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JUDGEMENT JYOTI SINGH, J. (ORAL) 1. This appeal is filed on behalf of the Appellant under Section 91 of The Trade Marks Act, 1999 (‘1999 Act’) read with Rule 156 of The Trade Marks Rules, 2017 (‘2017 Rules’) laying a challenge to order dated 27.01.2025, whereby the Registrar of Trade Marks has refused to register the trademark DISOPIL on the ground that the applied trademark is similar to registered trademark DESOPILL, bearing Application No. 4040407 in Class 05 for similar/identical goods being ‘Pharmaceutical, medicinal, allopathic, ayurvedic and veterinary preparations’. 2. Desirous of getting the trademark DISOPIL registered in Class 05 for its goods being medicinal preparations etc., Appellant filed TM-A bearing No. 5971233 on 08.06.2023. The application was examined and Examination Report was issued on 08.11.2023 raising an objection under Signature Not Verified Digitally Signed By:KAMAL KUMAR C.A.(COMM.IPD-TM) 14/2025 Page 1 of 7 Signing Date:05.02.2026 16:21:03 Section 11(1) of 1999 Act citing the trademark DESOPILL. Detailed reply was filed by the Appellant to the Examination Report on 23.11.2023. Hearing notice was issued on 27.11.2024 scheduling the hearing for 28.01.2025, which was attended by the attorneys of the Appellant and detailed submissions were made. The attorneys also filed two TM-M requests, one for deletion of ‘&amp’ from the description of goods and services and