Gujarat High Court
Zota Healthcare Limited vs Registrar Of Trade Marks on 11 March, 2026
NEUTRAL CITATION
C/CIA/4/2026 ORDER DATED: 11/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPEAL NO. 4 of 2026
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ZOTA HEALTHCARE LIMITED
Versus
REGISTRAR OF TRADE MARKS
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Appearance:
LD. ADVOCATE MR. TEJAS S. TRIVEDI with MR KALPESH C PATEL(5066)
for the Petitioner(s) No. 1
MR VIHARKUMAR H DESAI(13026) for the Petitioner(s) No. 1
MS. PRERNA A BHANSALI(18621) for the Petitioner(s) No. 1
MR PRADIP D BHATE(1523) for the Respondent(s) No. 1
MS VYOMA K JHAVERI(6386) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 11/03/2026
ORAL ORDER
1. The present Civil Appeal is filed under Section 91 of the Trade Marks Act, 1999 challenging the order dated 01.08.2025 passed by Registrar of Trade Marks, Geographical Indication and Copyright, Ahmedabad.
2. Mr. Tejas S. Trivedi, Ld. Advocate for Kalpesh C. Patel, Ld. Advocate for appellant submits that the appellant had applied for the Trademark "DAVABHARAT GENERIC PHARMACY" under Class 30 being Application no. 6195703 on 24/11/2023. The Objection/Examination report u/s. 9(1)(a) was issued by Examiner of Trade Marks, Geographical Indication and Copyright, Ahmedabad on 06/12/2023. He further submits that detailed reply along with all supporting Page 1 of 3 Uploaded by NIHAL PATEL(HC02355) on Mon Mar 16 2026 Downloaded on : Mon Mar 16 20:53:10 IST 2026 NEUTRAL CITATION C/CIA/4/2026 ORDER DATED: 11/03/2026 undefined documents were submitted to Registrar of Trade Marks, Geographical Indication and Copyright, Ahmedabad on 11/12/2023. He states that without considering the reply the application under class 30 has been refused.
3. Ms. Vyoma Jhaveri, Ld. Advocate for respondent submits that the present trademark application has been refused under Section 9(1)(a) of the Trade Marks Act, 1999 on the ground that the impugned mark is non-distinctive in nature. It is further argued that the mark "davabharat" has been refused registration on the basis that it consists of two commonly used words, namely "DAVA" and "BHARAT", and, therefore, as stated in the Examination Report, the impugned order is passed as being non-distinctive.
4. Considering the submission of both parties it appears that the impugned order in non-speaking as to why the said reply of Appellant is not considered by the Registrar of Trade Marks, Geographical Indication and Copyright, Ahmedabad and thus it would be just and proper to quash and set-aside order dated 01/08/2025 and direct the respondent to re-hear and consider the reply of appellant and decide the application no. 6195703.
5. Accordingly, the impugned order dated 01.08.2025 passed by the respondent in respect of Trade Mark Application No. 6195703 for the mark "DAVABHARAT GENERIC PHARMACY" in Class 30 is hereby quashed and set aside.
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6. The matter is remanded back to the respondent- Registrar of Trade Marks, Geographical Indication and Copyright, Ahmedabad, for fresh consideration from the stage of hearing. The respondent-Registrar of Trade Marks, Geographical Indication and Copyright, Ahmedabad shall thereafter conclude the hearing and pass a reasoned order within a period of three months from the date of receipt of this order, in accordance with law.
7. This Court has not entered into the merits of the case or expressed any opinion on merits as well as law. Therefore, the authority is directed to decide on merits without being influenced by this order independently and strictly in accordance with law.
8. The present appeal therefore stands partly allowed to the aforesaid extent.
(NIRAL R. MEHTA,J) NIHAL PATEL Page 3 of 3 Uploaded by NIHAL PATEL(HC02355) on Mon Mar 16 2026 Downloaded on : Mon Mar 16 20:53:10 IST 2026