Delhi High Court
Dr. Reddys Laboratories Limited vs Fast Cure Pharma And Anr. on 12 October, 2023
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.O. (COMM.IPD-TM) 8/2023
DR. REDDYS LABORATORIES LIMITED ..... Petitioner
Through: Mr. Ranjan Narula, Mr. Shashi
P. Ojha, Ms. Aishani Singh & Ms. Shivangi
Kohli, Advs.
versus
FAST CURE PHARMA AND ANR. ..... Respondents
Through: Mr. Harish Vaidyanathan
Shankar, CGSC, Mr. Srish Kumar Mishra,
Mr. Alexander Mathai Paikaday, Mr.
M.Sriram & Mr. Krishnan V., Advs. for R-2.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
J U D G M E N T (O R A L)
% 12.10.2023
1. This petition under Section 57 of the Trade Marks Act, 1999 seeks rectification of the register of trademarks by removal, therefrom, of the mark "RAZOFAST", registered in favour of Respondent 1 on 23 December 2018 vide Certificate No. 2058491 w.e.f. 25 June 2018.
2. Mr. Ranjan Narula, learned counsel for the petitioner points out that, even as on 25 June 2018 when Respondent 1 had applied for registration of the "RAZOFAST" wordmark as a trademark, the petitioner was already the proprietor of a registration for the mark "RAZO", granted on 23 May 2018 vide certificate no. 1868927. This Court has, vide judgment and decree dated 16 August 2023, passed in CS (COMM.) 436/2021 between the plaintiff and the defendant, Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 8/2023 Page 1 of 3 By:HARIOM Signing Date:16.10.2023 10:36:33 already held that the mark "RAZOFAST" of Respondent 1 infringes the petitioner's registered mark "RAZO", as it copies and incorporates the entire registered "RAZO" trademark of the plaintiff and is deceptively similar thereto. That judgment remains undisturbed till date.
3. As such, as the impugned mark is deceptively similar to the mark "RAZO" of the petitioner, registered prior in point of time, the very Application No. 3869298 filed by Respondent 1 on 25 June 2018, seeking registration of the impugned mark "RAZOFAST", in class 5, which was the same class in which the mark "RAZO" stood registered in favour of the plaintiff on 23 May 2018 w.e.f. 24 May 2012, could not have been granted.
4. The impugned mark "RAZOFAST" is deceptively similar to the petitioner's mark "RAZO", registered prior in point of time, registered prior to the filing of the application for registration by Respondent 1 for the mark "RAZOFAST". Both the marks are used for the pharmaceutical compound Rabeprazole. In view of these facts, this Court has already held, in its judgment dated 16 August 2023 in CS (COMM.) 436/2021, that the use of the mark "RAZOFAST" by the defendant is likely to lead to confusion in the market. All considerations, envisaged by Section 11(1)(b) of the Trademarks Act, which would disentitle the application of Respondent 1 for registration of mark "RAZOFAST" even from consideration, stand satisfied in the present case.
5. Signature Not VerifiedDespite notice, Respondent 1 has not turned up to contest the Digitally Signed C.O. (COMM.IPD-TM) 8/2023 Page 2 of 3 By:HARIOM Signing Date:16.10.2023 10:36:33 present petition.
6. The registration of the mark "RAZOFAST" in favour of Respondent 1 vide registration certificate no. 2058491 dated 23 December 2018 is declared illegal. It is, accordingly, cancelled. The Registrar is, therefore, directed to rectify the register of trademarks by removal, therefrom, of the mark "RAZOFAST" as registered in favour of Respondent 1 vide certificate no. 2058491 dated 23 December 2018 w.e.f. 25 June 2018.
7. The petition is, accordingly, allowed.
C. HARI SHANKAR, J.
OCTOBER 12, 2023 al Click here to check corrigendum, if any Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 8/2023 Page 3 of 3 By:HARIOM Signing Date:16.10.2023 10:36:33