"Energize-52" is a popular cough syrup manufactured since 2015 by "Jeevan Pharma Company". The trade mark "Energize-52" was registered in 2017, and almost seven years had expired from the date of its registration. This s

CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2024
"Energize-52" is a popular cough syrup manufactured since 2015 by "Jeevan Pharma Company". The trade mark "Energize-52" was registered in 2017, and almost seven years had expired from the date of its registration. This syrup was highly popular among the consumers who asked for "Energize-52" over the other syrups available and the voluminous sales figures prove its widespread consumer recognition. In January 2024 "Jeevan Pharma Company" discovered that a new Competitor in the market had also launched a similar syrup under the brand name "Energize-T" using a logo and brand name that is deceptively similar to the registered trade mark of "Energize-52". In view of the above case, answer the following questions with support of relevant provisions of the Trade Marks Act, 1999: (i) Is there an infringement of the trade mark "Energize-52" by the new competitor ?

Answer & Explanation:

Yes, there is an infringement of the trademark "Energize-52" by the new competitor through its use of the trademark "Energize-T". "Energize-52" has been in use since 2015, was registered in the year 2017 and almost seven years have expired from the date of its registration. Since then, it has achieved distinctiveness through voluminous sales and widespread consumer recognition.

Topics: Trade Marks Act, 1999

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