Charak Pharma Pvt. Ltd vs Glenmark Pharmaceuticals Ltd on 21 January, 2014
17. The contention of the Defendant relying upon the passage from Kerly's Law of
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KPPNair 20 NMSL 2529 of 2007
Trade Marks that the tendency of a person who is using the English language is to
slur the termination of words would not be applicable in the present case. However,
this cannot be accepted as an absolute rule and each case would have to be
considered considering the marks. It was held by this Court in the case of Glaxo
Group Ltd. & Anr. vs. Neon Laboratories Ltd. (supra) (paragraph 24) that the effect of
a prefix would have to be decided depending on the nature of a product and the
nature of the prefix. Despite the addition of a prefix, the Court held the marks
'Tocillin' to be deceptively similar to the mark 'Celin'.