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
items involving microchip
technology. The Supreme Court held that the common prefix MICRO
CS(COMM) 8/2023 Page 18 of 31
Signature Not Verified
Digitally ... this case, too, the
Division Bench held that the prefix TEMO was commonly used in the
pharmaceutical trade while naming products containing
Temozolamide
product is used to treat. "STIMU" is
a common prefix used in the industry which is derived from the words
"STIMULATE ... tablets and syrup
are marketed by different pharmaceutical companies using the
common prefix AZI, which is derived from the generic name of
11 Order
Macleods Pharmaceuticals Limited vs Union Of India And 3 Ors on 15 February, 2023
Author
Macleods Pharmaceuticals Limited vs Union Of India And 3 Ors on 15 February, 2023
Author
registration of
the mark AZIWAKE. She also submits that it is common practice, in
the pharmaceutical trade, to name pharmaceutical products by
abbreviating the name ... AZIWAKE
commenced in 2022.
16. Ms. Sahadeva submits that the AZI prefix is common to the
trade in the context of pharmaceutical preparations containing
azithromycin
using „KIND‟ in a plurality of registered marks as a common prefix
or suffix and which has become the distinguishing element of the
family
Neutral Citation Number : 2023/DHC/000269
prefix ‗Mero' which is used as a prefix in both the competing
marks. Both the appellants/plaintiffs ... aforesaid word ‗Meropenem'.
Along with the aforesaid generic/common prefix, ‗Mero', the
appellants/plaintiffs have used the syllables ‗nem', whereas, the
respondent
NILKRANTI could be treated as phonetically similar, Ms. Aggarwal
emphasises the common prefix "NIL". She submits that the
defendants have clearly acted malafide ... view, be regarded as confusingly similar to that mark NILKAMAL.
The common prefix "NIL" is merely the first of three syllables which
constitute
registrations of several marks
in its favour which have common prefix of 'DURO'.
3. Further, Mr. Singh has pointed out that although
