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Informist, Tuesday, Oct. 22, 2024

 

NEW DELHI – The Delhi High Court on Tuesday rejected Abbott GmbH's petition against the Registrar of Trademarks' order to register Meridian Medicare Ltd's trademark "Mebufen" for medicinal and pharmaceutical preparations. Abbott GmbH, the proprietor of "Brufen" trademark for pharma products for ailments including allergies, inflammatory, arthritis, and cold and flu, had opposed the registration of the trademark of Meridian Medicare.

 

The high court said that there was no structural or phonetic similarity between the rival marks "Brufen" and "Mebufen". "The marks Brufen and Mebufen are quite dissimilar and I cannot foresee any confusion being caused while pronouncing the said marks by a person of average intelligence or any possibility of confusion being caused in the market," said Justice Amit Bansal.

 

Abbott had said it extensively used the Brufen trademark since the year 1973. The mere addition of the letters "Me" to "Brufen" would not ascribe distinctiveness to the impugned mark as the same is cosmetic in nature and would cause confusion in the market, Abbot had said. Both the products of Abbott as well as Meridian Medicare contain the same ingredient "Ibuprofen", said the petitioner. Hence, the similarity between the marks is likely to cause confusion among the public, the petitioner added.  End

 

Reported by Surya Tripathi

Edited by Vandana Hingorani

 

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