HC Explains the Law on the Duty of the Proprietor of the Mark

HC Explains the Law on Duty of the Proprietor of the Mark 

Before adoption of a Mark it is the duty of the proprietor of the Mark to carry out a search of the Register of Trade Marks. A stricter approach has to be adopted by courts while judging the likelihood of confusion between the two competing Marks in respect of pharmaceutical products. In public interest, there cannot be two medicinal preparations bearing the same name from different sources and with different compositions. 

Reckitt and Coleman Overseas Health Ltd v. Ind Swift Ltd [2025] GCtR 1893 (Delhi)