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Informist, Friday, Aug. 22, 2025

 

--HC to trademarks registry: Proceed with advertising Mankind's -- 

--HC sets aside rejection of Mankind Pharma 'Petkind' trademark application 

 

NEW DELHI – In relief to Mankind Pharma Ltd., the Delhi High Court on Friday set aside a trademarks registry's order that had refused the pharmaceutical company's application for registration of the 'Petkind' mark. The high court asked the trademarks registry to proceed with advertising of the 'Petkind' mark, in accordance with the provisions of the Trade Marks Act, 1999.  

 

In 2024, the trademarks registry had rejected Mankind Pharma's trademark application for 'Petkind' as it was similar to an application applied by Wellford Pharmaceutical Pvt. Ltd.'s 'Petkind Pharma' mark. The registry had said that because of similarity, there was a possibility of confusion on the part of the public.

 

The mere identity or similarity of the mark for which registration is sought, and the earlier mark, is not sufficient grounds to reject the application seeking registration, the high court said. Mankind Pharma has several trademark registrations granted in its favour that use the word 'kind' as a suffix, the court said. Due to its continuous and extensive usage, the word 'kind' had come to be exclusively associated with Mankind Pharma, and this would entitle the petitioner to a higher protection for the 'kind' family of marks, the court said.

 

Mankind Pharma has over 210 registered trademarks alone with the suffix 'kind' and the petitioner has amassed significant goodwill, the court said. The cited mark 'Petkind Pharma' in the registry's examination report would not lead to rejection of the 'Petkind' mark considering the overwhelming use and registrations of marks with the suffix 'kind' by Mankind Pharma, the court said.

 

Justice Tejas Karia said that the likelihood of confusion is not to be easily presumed. The nature of the goods and the class of their purchasers has to be borne in mind, said Justice Karia. A perusal of the response to the examination report, shows that the cited mark 'Petkind Pharma' was applied for on a proposed to be used basis and there was no active user of the same now, he added.

 

"The subject trademark (Petkind) ought not to have been rejected and deserves to proceed for advertisement. However, it is made clear that if there are any opposition proceedings filed against the subject trademark, the same would be decided in accordance with law on its own merits, without any reference to and without being influenced by the present order," said the high court.

 

In 2021, Mankind Pharma had applied for the registration of 'Petkind' trademark for medicinal, pharmaceutical and veterinary preparations including dietary, nutritional and vitamin food supplements. However, the trademarks registry rejected the petitioner's application because there was a similar trademark already on record for the same or similar goods or services. 

 

Challenging the rejection in high court, the petitioner said that the annual turnover in respect of its top 25 different products with the word element 'kind' as a part of its trademark cumulatively was over INR 25.53 billion for 2022-23 (Apr-Mar). The petitioner argued that the trademark registrar's examiner failed to consider that in the pharmaceutical and veterinary industry, the public and trade associate any mark with the word element 'kind' with Mankind Pharma and no one else.

 

On Friday, shares of Mankind Pharma Ltd. ended 0.3% higher at INR 2,606.80 on the National Stock Exchange.  End

 

Reported by Surya Tripathi

Edited by Avishek Dutta

 

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