Mankind Pharma Limited Vs. Zhejiang Yige Enterprise Management Group Co. Ltd

Case Title: Mankind Pharma Limited Vs. Zhejiang Yige Enterprise Management Group Co. Ltd. Case No.: C.A.(COMM.IPD-TM) 2/2024 Date of Order: May 14, 2025 Neutral Citation: [2025:DHC:3706] Name of Court: High Court of Delhi, New Delhi Name of Judge: Hon’ble Mr. Justice Saurabh Banerjee

Facts:

Mankind Pharma Limited, a well-established pharmaceutical company, owns the registered trademark "FLORA" in India since 2007, with use dating back to 1995, for pharmaceutical products in Class 5. Zhejiang Yige Enterprise Management Group applied in 2019 to register the mark "FLORASIS" in Class 5 for sanitary goods, with an intent for proposed use. The appellant opposed this application on the grounds of prior use, registration, and likelihood of confusion due to the similarity of marks.

Procedural Details:

• Mankind Pharma filed opposition proceedings against Zhejiang Yige's application for "FLORASIS."
• The Deputy Registrar of Trade Marks dismissed the opposition, allowing the registration of "FLORASIS."
• Mankind Pharma appealed to the High Court under Section 91 of the Trade Marks Act, 1999.
• The Court examined the evidence, legal principles, and submissions of the parties.

Issues:

• Whether the mark "FLORASIS" is deceptively similar and likely to cause confusion with the registered trademark "FLORA."
• Whether the registration of "FLORASIS" should be granted, considering prior user, registration, and reputation of "FLORA."
• Whether the addition of the suffix "SIS" and the use of mandarin characters distinguish the marks sufficiently.

Decision:

The Court held that "FLORASIS" is visually, phonetically, and structurally similar to "FLORA." The Court found that the registration of "FLORASIS" was likely to cause confusion among the public, especially given the prior use and registration of "FLORA," which has acquired goodwill. The Court set aside the impugned order, directed the Registrar to remove the entry corresponding to "FLORASIS," and upheld the opposition.