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Informist, Thursday, Aug. 13, 2026

 

--HC upholds bar on Alder Biochem from using 'Biochem' on Zydus Life arm plea

 

By Surya Tripathi

 

NEW DELHI – A division bench of the Delhi High Court has upheld its single-judge order that restrained Alder Biochem Pvt. Ltd. from manufacturing, selling, advertising and using the trade name 'Alder Biochem' and other marks that contain Zydus Healthcare Ltd.'s trademark 'Biochem'. While Alder Biochem contends that 'Biochem' is widely used by over 100 entities, thereby demonstrating that the term is "publici juris" and merely a combination of the words biology and chemistry, incapable of exclusive appropriation, this contention is prima facie belied by the fact that Zydus Healthcare has been the registered proprietor of the mark since 1959 and has been using it since 1968, the court said.

 

Zydus Healthcare, a subsidiary of Zydus Lifesciences Ltd., has submitted that Alder Biochem has failed to produce any evidence demonstrating substantial actual use of the mark 'Biochem' by third parties in relation to pharmaceutical products, said the court. Mere registration of trademark does not establish actual commercial use, said the court. Moreover, most of the entities relied upon by Alder Biochem have either been struck off from the trademark register or operate in the fields of fertilisers, metals and chemicals, said the court. Needless to state, these are matters for trial, though prima facie, the balance tilts in favour of Zydus Healthcare, the court said.  

 

The court said that even a bare comparison of 'Alder Biochem' with 'Biochem' demonstrates that Alder Biochem's mark wholly subsumes the only and dominant element of the Zydus Healthcare's mark, namely 'Biochem'. Consequently, the mere addition of the prefix 'Alder' does not, prima facie, assist Alder Biochem, it said. On the contrary, the use of 'Biochem' in a distinctive manner as part of a device mark enjoys a strong recall value among consumers of pharmaceutical products, and the incorporation of that very mark into the petitioner's trademark is likely to result in consumer confusion, said the court.

 

The mere fact that the trademark's registry may not have objected to Alder Biochem's mark at the stage of examination does not bind either third parties or even the registry itself, said the court. Any omission in the registrar's examination report cannot constitute a conclusive determination regarding deceptive similarity or infringement under Section 29 of Trade Marks Act, said the court.

 

The case has its genesis in Biochem Pharmaceutical Industries Ltd. merging into Zydus Healthcare, with the former's trademark 'Biochem' also being transferred to the latter in 2017. Meanwhile, Alder Biochem, operating since 2016, adopted the trademark 'Alder Biochem' for manufacturing and marketing its own range of pharmaceuticals in 2019.

 

Challenging the adoption of Alder Biochem's similar trademark and seeking a permanent injunction, Zydus Healthcare moved the single judge bench of the high court, which ruled in the latter's favour. Contesting the single-judge bench's order, Alder Biochem moved the division judge bench. 

 

According to Zydus Healthcare, the sales figures of its products under the mark 'Biochem' was more than INR 2 billion in the year 2022. In contrast, Alder Biochem's sale of products under its name was to the tune of INR 2.1 million in financial year (Apr-Mar) 2022-23 and INR 3.8 million in FY24, the court noted. 

 

On Thursday, shares of Zydus Lifesciences Ltd. ended 3.1% lower at INR 1,167.30 on the National Stock Exchange.  End

 

Edited by Avishek Dutta

 

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