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Informist, Thursday, Oct. 16, 2025

 

NEW DELHI – Alchem International Pvt. Ltd. Thursday moved the division bench of the Delhi High Court against a single-judge bench's order restraining the company from selling, manufacturing or dealing with any pharmaceutical product using the name 'Alchem', or any other name similar to Alkem Laboratories Ltd.'s 'Alkem' trademark, till the court decides on the permanent injunction suit filed by the latter. The division bench of Justice C. Hari Shankar and Om Prakash Shukla said that 'prima facie' they were not inclined to interfere with the single judge's order. The court will hear the case next on Friday.

 

Last week, a single-judge bench of Justice Amit Bansal said that the 'Alkem' and 'Alchem' names were phonetically identical as well as visually and structurally similar. Alkem Laboratories is the registered proprietor of the 'Alkem' trademark and is also the prior user and prior adopter of the mark for medicinal and pharmaceutical products since 1973, said the single judge. He noted Alchem International's submission that the company started using the mark in 1985, has no registration in its favour and began retail sales in India only in 2006. Alchem International's use of the mark 'Alchem' for similar products in India cannot be stated to be honest and bona fide, said Justice Bansal. The single judge noted Alkem Laboratories' statement in which it said the company has no objection if Alchem International used the mark 'Alchem' in respect of active pharmaceutical ingredients for sale in India and abroad. 

 

In 2005, Alkem Laboratories found out that Alchem International was also engaged in the manufacturing and sale of pharmaceutical and allied products. Thereafter, Alkem Laboratories sent a cease-and-desist notice to Alchem International asking it to refrain from using the mark 'Alchem'. After receiving Alchem International's response, Alkem Laboratories found no infringing products in the market and took no further action. However, in 2018, Alkem Laboratories learnt that Alchem International has been expanding its business under the 'Alchem' trademark. Upon this discovery, Alkem Laboratories filed a permanent injunction suit in the high court. 

 

In its petition, Alkem Laboratories said its annual turnover for 2016-17 (Apr-Mar) for products sold under the 'Alkem' mark was to the tune of INR 58.53 billion. Alkem Laboratories said it had also invested heavily in the promotion and advertisement of the 'Alkem' brand. Its annual promotional expenditure for 2016-17 for products sold under the mark 'Alkem' was to the tune of INR 4.26 billion, Alkem Laboratories said.

 

At 1201 IST, the shares of Alkem Laboratories Ltd. were down 0.9% at INR 5,517.50 on the National Stock Exchange.  End

 

IST, or Indian Standard Time, is five-and-a-half hours ahead of GMT

 

Reported by Surya Tripathi

Edited by Deepshikha Bhardwaj

 

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