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1 - 7 of 7 (0.33 seconds)The Trade Marks Act, 1999
THE TRIBUNALS REFORMS ACT, 2021
Bigtree Entertainment Pvt Ltd vs Brain Seed Sportainment Pvt Ltd & Anr. on 13 December, 2017
6. In addressing Petitioner's objection to the Impugned registered mark,
we must first note the established status and historical use of the Petitioner's
"MANKIND" and the 'KIND' family of trademarks. Since its adoption in
1986, the "MANKIND" mark has been extensively used by the Petitioner, a
leading pharmaceutical company, and is part of an extensive portfolio that
includes over 300 related trademarks. This portfolio spans all 45 classes,
emphasizing the significant market presence and value these marks have
acquired, evidenced by an impressive turnover of approximately Rs. 1968
crores from products under the "KIND" family between April 2019 and
2020. Moreover, "MANKIND" has been recognised as a well-known
trademark, published in the trademark Journal no. 1978 dated 14th
December 2020. Thus, the strength of the mark extends beyond its primary
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Bigtree Entertainment Pvt Ltd vs Brain Seed Sportainment Pvt Ltd & Anr., in CS (COMM) 327/2016
P.P. Jewellers Pvt. Ltd. vs P.P. Buildwell Pvt. Ltd. (2010) ILR 2 DEL 165 Reliance Industries Ltd. vs
C.O. (COMM.IPD-TM) 257/2022 Page 5 of 9
This is a digitally signed order.
Cadila Healthcare Limited vs Cadila Pharmaceuticals Limited on 26 March, 2001
11. Absent any defense from the Respondent to counter the allegations of
dishonest adoption and use of the impugned trademark, and given the
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Cadila Healthcare Limited vs Cadila Pharmaceuticals Limited 2001 (5) SCC 73
C.O. (COMM.IPD-TM) 257/2022 Page 7 of 9
This is a digitally signed order.
Mankind Pharma Ltd vs Cadila Pharmaceuticals Ltd And Ors on 22 January, 2015
12. It would be relevant to refer to decision of this Court in Mankind
Pharma Ltd. v. Cadila Pharmaceuticals Ltd.8 which effectively highlights
the strong protection awarded to the Petitioner's use of the word "KIND"
within its trademarks. The Court recognized that although "KIND" does not
inherently relate to pharmaceutical products, the Petitioner has established
significant goodwill and market presence since first using "MANKIND" in
1986 and subsequently "METROKIND' in 2003. These actions have
developed a distinctive family of marks where "KIND" serves as a central
element. This judgment has emphasized that the Petitioner, as the prior user,
is entitled to heightened protection against any infringing use that copies the
essential or predominant parts of its trademark, affirming the Petitioner's
exclusive rights over the "KIND" component within the pharmaceutical
industry.
P.P. Jewellers Pvt Ltd vs P.P. Buildwell Pvt Ltd on 21 September, 2022
6. In addressing Petitioner's objection to the Impugned registered mark,
we must first note the established status and historical use of the Petitioner's
"MANKIND" and the 'KIND' family of trademarks. Since its adoption in
1986, the "MANKIND" mark has been extensively used by the Petitioner, a
leading pharmaceutical company, and is part of an extensive portfolio that
includes over 300 related trademarks. This portfolio spans all 45 classes,
emphasizing the significant market presence and value these marks have
acquired, evidenced by an impressive turnover of approximately Rs. 1968
crores from products under the "KIND" family between April 2019 and
2020. Moreover, "MANKIND" has been recognised as a well-known
trademark, published in the trademark Journal no. 1978 dated 14th
December 2020. Thus, the strength of the mark extends beyond its primary
6
Bigtree Entertainment Pvt Ltd vs Brain Seed Sportainment Pvt Ltd & Anr., in CS (COMM) 327/2016
P.P. Jewellers Pvt. Ltd. vs P.P. Buildwell Pvt. Ltd. (2010) ILR 2 DEL 165 Reliance Industries Ltd. vs
C.O. (COMM.IPD-TM) 257/2022 Page 5 of 9
This is a digitally signed order.
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