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Informist, Friday, Oct. 17, 2025

NEW DELHI – The division bench of the Delhi High Court Friday issued a notice to Alkem Laboratories Ltd. in response to a plea by Alchem International Pvt. Ltd., challenging a single-judge order that restrained the latter from selling, manufacturing or dealing in any pharmaceutical products under the name 'Alchem' or any other name similar to the ‘Alkem' trademark.

However, the division bench said that it was not inclined to grant any ad-interim injunction against Alkem Laboratories at this stage. It added the goods already in the market with 'Alchem' trademark can be continued to be sold. An ad interim injunction is a temporary court order to prevent immediate, irreparable harm until a case can be heard more fully.

Last week, a single-judge bench of Justice Amit Bansal said the names 'Alkem' and 'Alchem' are phonetically identical and visually as well as structurally similar. Alkem Laboratories is the registered proprietor of the 'Alkem' trademark and has been the prior adopter and user of the mark for medicinal and pharmaceutical products since 1973, the judge said. In contrast, Alchem International, according to its own submissions, began using the mark in 1985, holds no trademark registration, and only commenced retail sales in India in 2006. Justice Bansal said that Alchem's use of the 'Alchem' mark for similar products in India could not be considered honest and bona fide. However, he also took note of Alkem Laboratories' statement that it had no objection to Alchem International using the 'Alchem' mark for active pharmaceutical ingredients, whether sold in India or 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 1328 IST, shares of Alkem Laboratories were up 0.5% at INR 5,553 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 Subhojit Sarkar

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