"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: (v) What orders can the Court pass against the competitor's use of the trade mark "Energize-T"?

Answer & Explanation:

The Court can restrain the competitor from using the trademark "Energize-T" and can allow them to amend 'its mark to one that would not be similar to the trademark "Energize-52" of "Jeevan Pharma Company'.

Topics: Trade Marks Act, 1999

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