Trademark and Pharma/Drug Industry
*In the trade of drugs it is a common practice to name a drug on the basis of the name of its active chemical compound or salt, or the disease it seeks to remedy, or the particular organ it is intended to treat. The name of such an ingredient or compound, ailment or organ being in the public domain and of generic nature, which has been used descriptively, cannot be claimed by anyone for use exclusively as only his/her trademark.* - SCHERING CORPORATION & ORS. v ALKEM LABORATORIES LTD. [2009] GCtR 6271 (Delhi)
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