Amar Prakash,ARTM - (1.) ON 4.7.1991 M/s. Cadila Laboratories Ltd., Ghodasar, Maninagar, Ahmedabad, Gujarat (hereinafter referred to applicants) applied for registration of trade mark NEOPLATIN under application No. 553896 in class 5 in respect of Pharmaceutical and medicinal preparations. After the examination this application was advertised in the trade marks journal No. 1171 dtd. 16.3.1998 at page 2396.
(2.) On 3.6.1998 M/s. Raptakos Brett & Co. Ltd., Dr. Annie Besant Road, Worli, Mumbai, Maharashtra (hereinafter referred to opponents) opposed the registration of trade mark advertised as aforesaid on the following grounds:- (1) That the opponents are the manufacturers and dealers in pharmaceutical drugs, dietitic specialities, tonics, injections, syrups, ointments etc. and are the owners and actual users of the registered trade mark NEOPEPTINE under No. 265564 in class 5. The said registrations valid and subsisting. (2) That the applicants trade mark is phonetically, visually and structurally similar to the opponents aforesaid registered trade mark which is being used for the last over 27 years and definitely cause confusion and deception in the minds of the public. The opponents further prayed that the impugned application of the applicants be refused and costs of proceedings be awarded to them.
(3.) THE applicants filed their counter statement on 11.1.1999. In their counter statement the applicants stated that they are carrying on an established business of manufacturing pharmaceutical and medicinal preparations since last many years. Further they submits that their predecessor in title honestly coined and invented the mark NEOPLATIN from the active drug CARBOPLATIN. Rest of the counter statement is mere denial of the notice of opposition.;