S.USHA, J. - (1.) THIS is an application for rectification of the trade mark CLAVMOX registered under No.1146944 in Class 5 under the provisions of the Trade Marks Act, 1999 (in short Act).
(2.) THE applicant is a registered proprietor of the trade mark CLAVMOX registered under No.799706 in Class 5 in respect of pharmaceutical and medicinal preparations. The same has been registered as early as 2005 and has been renewed up to 2018. The applicant is one of the largest Indian pharmaceutical company carrying on business for the past 75 years and has a turnover exceeding Rs.5000 crores. The applicant is exporting bulk drugs to over 150 countries of the world.
(3.) THE applicant adopted the trade mark CLAVMOX in respect of pharmaceuticals and medicinal preparations in the month of April, 1998. The company made all efforts to ascertain that no other person was using an identical and/or deceptively similar trade mark to the said trade mark CLAVMOX. The applicant thereafter applied for registration of the trade mark. The mark was advertised and there was no opposition. The trade mark CLAVMOX proceeded to registration and the mark was registered on 30th May, 2005. The applicant had launched a pharmaceutical product under the trade mark CLAVMOX in the month of February, 2008. In the second week of October, 2008 the applicant came to know for the first time that the respondent had launched a pharmaceutical product bearing the trade mark CLAVMOX and therefore issued cease and desist notice on 30.8.2008. The respondent herein sent a reply to the notice issued by the applicant. From the reply, the applicant seems to have known the fact that the respondent has filed a Civil Suit against the applicant in the District Court, Jaipur. The applicant has filed its written statement as well as a counter claim in the said Suit.;