Trademark Court April 2002 Judgments
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Cadila Laboratories Ltd. Vs. Raptakos Brett and Co. Ltd.
Court: Trademark
Decided on: Apr-15-2002
Reported in: (2002)(25)PTC776Reg
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 t...
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