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1 - 6 of 6 (0.38 seconds)Section 20 in Finance Act, 1999 [Entire Act]
Section 91 in The Trade Marks Act, 1999 [Entire Act]
Section 18 in Finance Act, 1999 [Entire Act]
Section 20 in The Trade Marks Act, 1999 [Entire Act]
Elyon Pharmaceuticals Pvt. Ltd. vs The Registrar Of Trademarks on 23 August, 2023
3. Heard learned advocate Mr.Vatsal Patel for the appellant.
Learned advocate submitted that the appellant made an
application dated 22.08.2023 (Annexure E page 28) under
Section 18(1) of the Act, 1999 seeking registration of Trade
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NEUTRAL CITATION
C/CIA/7/2025 ORDER DATED: 20/11/2025
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Mark, ''Glypanta''. Once the application was made, it was
examined by the authority and a report was prepared by
examiner of Trade Mark. In the said examination report, the
objections were raised to which, appellant responded by reply
dated 30.10.2023 (Annexure G page 86). By placing reliance on
paper book filed, learned advocate submitted that a detailed
reply was filed against the Examination report dated
30.10.2023 (Annexure F page 84), whereby, the appellant has
raised various grounds, however, the said grounds were not
considered. Learned advocate in support of his submissions had
relied upon grounds referred in the reply to the Examination
report dated 30.10.2023 (Annexure F page 84) with the
submission that even if the class is same but composition of
the product is different subsequent registration is permissible,
because it would constitute additional mitigating factor to
disabuse the possibility of any likelihood. Learned advocate in
support of his submission has relied upon the decision of
Hon'ble Delhi Court in the case Elyon Pharmaceuticals Pvt.
Ltd. vs. The Registrar of Trademarks in C.A. (COMM.IPD-TM)
153/2021 dated 23.08.2023 wherein it is held as under:
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