ELYON PHARMACEUTICALS PVT. LTD. Vs. REGISTRAR OF TRADEMARKS

JUDGEMENT

(1.) This is an appeal against an order dtd. 27/8/2018 passed by the Examiner of Trade Marks in the office of the Registrar of Trade Marks, whereby Application No. 2668081, filed by the appellant, seeking registration of the word mark 'ELMENTIN' for a pharmaceutical composition of Amoxycillin and Clavulanic Acid, stands rejected by the Examiner under Sec. 11(1)(b) of the Trade Marks Act 1999. The ground of rejection is that the mark is deceptively similar to an existing earlier trade mark 'ELEMENTAL', also registered in respect of medicinal and pharmaceutical preparations in Class 5, in favour of one Juggat Pharma Pvt. Ltd.

(2.) I have heard Ms. Niranjana Kaur, learned Counsel for the appellant and Mr. Harish Vaidyanathan Shankar, learned CGSC for the respondent.

(3.) Ms. Kaur submits that the marks 'ELMENTIN' and 'ELEMENTAL' cannot be treated as phonetically similar and that, therefore, the ground of rejection of the appellant's application is without basis.