"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: (ii) What defences can be pleaded by "Energize-T"?
Answer & Explanation:
The present case is similar to the case of Himalaya Drug Company vs. S.B.L. Ltd. 2013 (53) PTC 1 (Del.) (DB), the competitor can raise the defence that the mark "Energize" is publici juris (belonging to the public), and there is no similarity between the two trademarks. 'Energize' will be considered the generic and non-distinctive part of the mark, and it is to be ignored even if the two rival marks are to be taken as a whole.
Topics: Trade Marks Act, 1999
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