Trademark Act, 1999 – Use of a Trademark which is deceptively similar to another Trademark – whether valid?
The Plaintiff (Glaxo Smith Kline Pharmaceuticals Limited) claimed that the defendants (Unitech Pharmaceuticals Private Limited) are selling products under the Trademark “FEXIM” that is deceptively similar to the Plaintiff ‘s mark “PHEXIN” which is used for Pharmaceutical preparations. The defendants are selling anti-biotic tablets with the Trademark “FEXIM” with the packing material deceptively similar to that of Plaintiff.
Decision and reason
Based on the Trademark Act, 1999, the Court restrained the Defendant from using the Trademark “FEXIM” or any Trademark deceptively similar to the Trademark of the Plaintiff “PHEXIN”, any label/ packaging deceptively similar and containing the same pattern as that of the Plaintiff.