sun pharmaceutical industries

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INTELLECTUAL PROPERTY APPELLATE BOARD = The applicants claim use of the mark “SUSTEN” since the year 2000 whereas the respondents claim use of the mark “SUSTAINE” since the year 2001. The rival marks “SUSTEN” and “SUSTAINE” in our view are deceptively and phonetically similar. In medicinal products the authorities concerned are to be more cautious while granting registration. The applicants are prior in adoption and use and have placed certain evidence to prove their use. The settled principle is that priority prevails over the registered proprietor. 13. When the marks are considered to be similar in respect of identical goods, there is every possibility of confusion being caused among the public. The registration is therefore in contravention of the provisions of the Act. 14. For the above said reasons, the rectification petition ORA/139/2006/TM/MUM is allowed with a direction to the Registrar to remove the trade mark “SUSTAINE” registered under No.1008872 in Class 5 from the register of Trade Marks. No order as to costs. M.P. No.63/2008 is closed.

INTELLECTUAL PROPERTY APPELLATE BOARD Guna Complex Annexe-I, 2nd Floor, 443, Anna Salai, Teynampet, Chennai-600018   CIRCUIT BENCH SITTING AT MUMBAI   M.P.No.63/2008 IN ORA/139/2006/TM/MUM AND ORA/139/2006/TM/MUM                                                                                FRIDAY, THIS THE 3rd DAY OF FEBRUARY, 2012   Hon’ble Smt. Justice Prabha Sridevan                    …  Chairman Hon’ble Ms.S. Usha                                                       …  Vice-Chairman   Sun Pharmaceutical Industries … Continue reading

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