Case: Franco Indian Remedies Pvt. Ltd., Bombay Vs Litaka Pharmaceuticals Limited, Pune. Trademark Tribunal
| Counsel | For Appellant: Mr. M.R. Nair, Advocate and For Respondents: Mr. S.B. Krishna, Advocate |
| Judges | K. K. Sharma, DRTM |
| Issue | Trade and Merchandise Marks Act, 1958 - Sections 9, 11(a), 18(1), 18(4) |
| Judgement Date | December 15, 1992 |
| Court | Trademark Tribunal |
Judgment:
K. K. Sharma, DRTM
1. On 13-8-1985 M/s. Litaka Pharmaceuticals Limited, of 103 Shivajinagar, Pune -- 411005 (hereinafter referred to as the Applicants) filed an application for registration of a trade mark 'PRANTEL' in class 5 in respect of specification of goods which reads as "Medicinal and Pharmaceutical preparations, veterinary products and substances included in class 5" under Application No. 442374. In due course of time the application was ordered to be advertised before acceptance and was accordingly advertised in Trade Marks Journal No. 970.
2. On 1-3-1990 Franco Indian Remedies Pvt. Ltd., 20, Dr. E. Moses Road, Worli, Bombay -- 400 011 (hereinafter referred to as the Opponents) filed notice of opposition inter alia on the following grounds: -
(1) That they carry on an established business as manufacturers and dealers in medicinal and pharmaceutical preparations and substances. One of the product of their company's manufacture being medicinal and pharmaceutical preparations for human use contains Pyrantal Pamoate. This said preparation is a broad-spectrum anthelmintic agent and is used in the treatment of round worms as well as threadworms. The expression PYRANTEL PAMOATE is a generic name of the pharmaceutical and medicinal substances and has been approved as such for non-proprietary use by the Food and Drug Administration of U.S.A. The said expression PYRANTEL PAMOATE has been recommended as International Non-Proprietary name by the World Health Organisation much prior to the applicants making the present application for registration of the mark consisting of word PRANTEL. The said expression PYRANTEL PAMOATE is a non-proprietary and generic name and nobody can claim exclusive right to the use of the name or part of it either in relation to any preparations containing PYRANTEL PAMOATE as the same is used by them and number of other manufacturers throughout the world to formulate a medicinal preparations in liquid and/or tablet form. The said expression and generic name PYRANTEL PAMOATE is required to be used for the bonafide purposes by them and also by all those manufacturers who are manufacturing and marketing the medicinal formulations containing PYRANTEL PAMOATE. The said formulations containing PYRANTEL PAMOATE is also statutorily required to be clearly written on the product containing the medicinal substances PYRANTEL PAMOATE and the same is common to the trade.
(2) The trade mark PRANTEL registration of...
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