PSYCHOTROPIC INDIA LIMITED vs THE REGISTRAR OF TRADE MARKS

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 0