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7. It is the Plaintiff's case that it has been using the aforesaid RPG Marks continuously, extensively and uninterruptedly in respect of its products and services, in the sense of a trade mark, trade name as well as trading style, and therefore, the mark RPG has become a source identifier of the Plaintiff and its goods / services thereunder. The Plaintiff has applied for and secured registration of several RPG / RPG formative marks in various classes under the Trade Marks Act, 1999. Documents pertaining to the Plaintiff's subsisting trade mark registrations in India are at Exhibits H1 to H17 to the Plaint. Documents pertaining to the trade mark registrations obtained by the Plaintiff is foreign jurisdictions for its RPG Marks are at Exhibit I to the Plaint. 

21     2016 SCC Online Bom. 5159 paras 54 to 79
22     2016 (67) PTC 217 (Bom.) para 5 to 23
23     2001 (21) PTC 417 (SC) paras 6 to 9


                                                                nmcd 1306 of 2019 final.doc

RPG      LIFE     SCIENCES,         RPG   LIFE      SCIENCES        LIMITED,        RPG
PHARMACEUTICALS, RPG LIFE SCIENCES DIRECT, RPG LIFE SCIENCES GENERIC, RPG LIFE SCIENCES GENERIC PLUS, RPG LIFE SCIENCES PLUS, RPG LIFE SCIENCES CARE, etc. The Plaintiff has an entire family of RPG based formative marks and owing to this fact whenever the trade mark RPG is used in conjunction with any prefix or suffix, the general public assumes that it belongs to the Plaintiff. The trade mark RPG has become the source identifier of the Plaintiff and is solely associated with the Plaintiff.

(e) Mr. Kamod has relied on Ruston and Hornsby (supra) Para 5, 7 & 8; Pidilite Industries (supra) (Para 8, 10, 11, 15, 16, 21) and Kantilal Premji (supra) to contend that while comparing the two rival marks the prominent and distinctive features of the marks are required to be compared.

14.2 Further, as regards the arguments on difference in goods/services, Mr. Kamod submits that:

(a) Plaintiff has registration for the RPG Marks (namely RPG Logo and RPG formative marks) in class 5 for pharmaceutical preparations and is engaged in the manufacturing and selling of pharmaceutical preparations and the Defendants are allegedly operating a pharmacy shop engaged in the sale of medicines/ pharmaceutical preparations. Therefore, the Defendants' offending activities under the impugned mark RPG Pharmacy are directly overlapping with the Plaintiff's business interests and both the business activities relates to the same field, i.e. medical field. The same customers are likely to buy the Plaintiff's products under the RPG Marks and will also avail the offending services of the Defendants under the impugned mark- RPG Pharmacy.

38. Since the Plaintiff has registration for the RPG Marks (namely RPG Logo and RPG formative marks) in class 5 for pharmaceutical preparations and is engaged in the manufacturing and selling of pharmaceutical preparations and the Defendants are operating a pharmacy shop engaged in the sale of medicines/ pharmaceutical preparations, the Defendants' activities under the mark are directly overlapping with the Plaintiff's business as broadly both the business activities relates to the same field, i.e. medical field. Further, since the Plaintiff owns registration for its RPG Logo in class 09 (i.e. the class in which the optical and related goods fall), the Defendants' activities under the mark are overlapping with the Plaintiff's business interests.