trademark 'MEROMER' with prefix `MERO'. According to the defendant the prefix MERO is common to the trade and no single person ... number of trademarks which are used in pharmaceutical industry with a common prefix derived from the generic name Meropenem, the defendant is entitled
goods ACTI is common to the Pharmaceutical trade. There were numerous trade marks registered in India having the common prefix ... registered (17+1) and pending trade marks (20) in India having common prefix "Act" & "ACTI" Exh. C is the list
various
drugs are often almost similar to each other, having common prefixes
or suffixes, for the reason that the name of the drug conveys ... aforesaid word
‗Meropenem'. Along with the aforesaid
generic/common prefix, ‗Mero', the appellants/
plaintiffs have used the syllables ‗nem',
whereas, the respondent
such use.
25. The defendants' plea that the prefix "PANTO" is common to
the trade is, it is submitted, misguided, as such ... Deepak also reiterates the contention that the "PANTO"
prefix is common to the trade and, in this context, has invited the
attention
brands of Azithromycin are marketed by different pharmaceutical companies using the common prefix "AZI" which is derived from the generic name ... coined by the defendant No. 2 by using the common prefix AZI denoting the generic names of the drug viz. AZITHROMYCIN. The suffix
emphasis should be on
comparing the suffixes by ignoring the common prefix. Employing this
test, it is apparent, according to the learned counsel ... aforesaid word ‗Meropenem'. Along with the
aforesaid generic/common prefix, ‗Mero', the
appellants/plaintiffs have used the syllables ‗nem', whereas,
the respondent
emphasis should be on
comparing the suffixes by ignoring the common prefix. Employing this
test, it is apparent, according to the learned counsel ... finds
names of various drugs almost similar to each other, having common
prefixes or suffixes, for the reason that the name of the drug conveys
Khoday Distilleries Limited (Now Known ... vs The Scotch Whisky Association And ... on 27 May, 2008
Defendant, has submitted that where there are several marks with common prefix proper attention should be given to the termination of the marks. In support ... inter alia, held in that case that despite common prefix "Rheuma" there were special factors in that case winch ruled out any likelihood
with a prefix or suffix "Gluco" or "Vita" and that made it impossible to say that the common features "Gluco ... said decision which requires evidence of use of the marks having common prefix was rendered on and would be applicable to a matter decided
