Mankind Pharma Limited vs Registrar Of Trade Marks on 6 February, 2023
5. It is urged that in the pharmaceutical industry, it is a common practice
that the medicines are named either on the basis of the salt or the ailments
they treat or on the name of the company concerned. The applied mark
DISOPIL was honestly adopted by the Appellant with prior existing
registered mark 'PIL'. It is further argued that the Registrar has also
overlooked the fact that the Appellant has prior registration for the word
mark 'BISOPIL' in Class 05. Reliance is placed on the judgment of this
Court in Mankind Pharma Limited v. The Registrar of Trade Marks, 2025
SCC OnLine Del 5602, where the Court held that likelihood of confusion is
not to be easily presumed. The Appellant therein had established that it was
using various marks with suffix 'KIND' since 1986 and the use of the mark
was affiliated to the Appellant, especially with regard to goods falling under
Class 05. Appellant had over 210 registered trademarks in Class 05 alone
with suffix 'KIND' and had amassed significant goodwill. The cited mark in
the Examination Report would thus not lead to rejection of the subject
trademark considering the overwhelming use and registrations of marks with
suffix 'KIND' by the Appellant.