M/S. PANACEA BIOTEC LTD. Vs. M/S. NEON LABORATORIES PVT. LTD.

JUDGEMENT

(1.) THE applicant has come forward with the application seeking the relief of rectification by removing / expunging the Trade Mark No. 601815 in class 5.

(2.) THE case of the applicant is that they have registered under the Companies Act, 1956 having their Head Office at New Delhi. They have adopted the trade mark CILLAMIN in the year 1989 and they were using the said mark from 1994 onwards. Their mark was so familiar among the customers by their continuous use.

(3.) THE respondent preferred an application on 16/07/1993 for registration of the mark CILLAMIN stating that they have proposed to use the said trade mark. It is also stated by the applicant that till date the respondents have not chosen to use the said trade mark even after its registration. Therefore, it is stated that the said trade mark is wrongly registered by the Registrar and the same is liable to be removed. The respondents filed counter statement stating that they are the leading manufacturers in medical and pharmaceutical preparation. They have filed an application on 16/07/1993 for registration of trade mark CILLAMIN in class 5 in respect of pharmaceutical preparations. The respondents further stated that they have adopted this trade mark without any reference and knowledge of any other trade mark of the same name. It is also stated the said word CILLAMIN was coined from the generic name Penicillamine. The respondent stated that the application for rectification was not made by the aggrieved person. The respondent denied the other allegations made by the applicant.