Case Title: Chemo Healthcare Private Limited Vs. Examiner of Trademarks & Anr Date of Order: July 18, 2025 Case Number: R/Civil Appeal No. 142/2023 :Name of Court: High Court of Gujarat at Ahmedabad Name of Judge: Honourable Mrs. Justice Mauna M. Bhatt
Chemo Healthcare Private Limited applied for registration of the trademark 'VILDAZE' under Section 18(1) of the Trade Marks Act, 1999, for goods in Class 5, claiming use since December 12, 2019.
The Examiner of Trade Marks issued a report raising objections under Section 11(1), citing three similar trademarks: 'VILDAZEN' (application no. 4362225, proposed to be used), 'VILDAZEN-MET' (application no. 4362262, proposed to be used), and 'VILDAZEM' (application no. 4492412, claimed use since February 29, 2020).
The appellant responded, arguing that 'VILDAZE' was distinctive, in use since 2019 without litigation, and that prior use prevailed over the cited marks, which were either proposed or later in use. The Examiner rejected the application on May 23, 2023.
The appellant challenged this rejection in the High Court of Gujarat under Section 91 of the Act. The court noted that Section 20 allows advertisement of a trademark despite Section 11(1) objections. Finding merit in the appellant's submissions, the court quashed the Examiner's order, directed the Trade Mark Registry to advertise the 'VILDAZE' application within three months, and stated that any opposition would be decided on its merits. The appeal was disposed of, with a copy of the order to be sent to the Trade Mark Registry.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi Disclaimer: This information report is intended for informational purposes only and does not constitute legal advice.
