Entero Healthcare Solutions Limited challenged the Registrar of Trade Marks' refusal to register their mark ENTERO for pharmaceutical and healthcare products. The company had applied for the mark after using it honestly and continuously since 2018 across India, building significant reputation through sales, advertising, and presence in the market.
The registrar rejected the application because it was similar to an earlier registered mark EnteroGG, believing it could confuse the public. Despite the company submitting detailed evidence of their long use and noting that the other mark was not being used, the registrar's order did not address these points at all.
The Bombay High Court examined the matter and found the registrar's decision to be unreasoned and lacking proper consideration of the law that allows registration of similar marks in cases of honest concurrent use. Consequently, the court set aside the rejection order and directed that the application be reconsidered afresh by a different registrar to ensure a fair decision.
Entero Healthcare Solutions Limited Vs Registrar Of Trade Marks: 23.03.2026:Commercial Miscellaneous Petition (L) No. 27100 of 2025, 2026:BHC-OS:7875, Hon'ble Justice Arif S. Doctor, J.
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