M/S. WOCKHARDT PVT. LIMITED Vs. M/S. KAMARON LABORATORIES LTD. AND REGISTRAR OF TRADE MARKS

JUDGEMENT

(1.) THE original rectification application is filed for the removal of the trade mark "ZECODEX" under No. 713669 in Class 5 under the provisions of the Trade Marks Act, 1999. The applicant through its predecessors commenced its business in the year 1963 in manufacturing of pharmaceutical and medicinal preparations in India. The applicants were earlier carrying on business under the name M/s. Wockhardt Private Limited.

(2.) THE applicant during the course of its business started using various distinctive trade marks in order to distinguish its goods from those of its competitors and one such trade mark is "ZEDEX" which the applicant adopted in the year 1983. The drug licence was obtained on 12.11.1982.

(3.) IN the year 1992, the applicant introduced another variant of its trade mark "ZEDEX" namely "ZEDEX P". The same was registered under No. 497023 in class 5 as of 01.09.1988. The said pharmaceutical preparations have been sold extensively.