Mankind Pharma Limited a leading pharmaceutical company with extensive KIND family of marks including 65 registrations in Class 31 and well-known MANKIND mark applied for PETKIND trademark in Class 31 on 01 October 2021 for animal foodstuffs and related goods on proposed use basis receiving examination report on 27 October 2021 objecting under Section 11(1) of Trade Marks Act 1999 due to identical prior pending application PETKIND No 4648505 leading to hearing on 06 November 2024 and refusal on same date under Sections 9(1)(a) 9(1)(b) and 11(1) prompting appeal under Section 91. The court reasoned that appellant demonstrated prior extensive use of KIND suffix since 1986 acquiring distinctiveness and association exclusively with appellant negating likelihood of confusion under Section 11(1) especially as cited mark was proposed use without evidence of actual adoption while appellant's family marks entitled higher protection and examination report overlooked appellant's prior registrations in same class rendering refusal arbitrary. The appeal was allowed setting aside the impugned order directing advertisement within two months with oppositions to be decided on merits.
- Family of marks with common suffix like 'KIND' acquires distinctiveness through extensive use entitling prior adopter to higher protection against similar marks: Mankind Pharma Ltd. v. Cadila Pharmaceuticals Ltd., 2015 SCC OnLine Del 6914, Para 14.
- Likelihood of confusion under Section 11(1) of Trade Marks Act 1999 is fact-specific requiring evidence and not presumption considering nature of goods purchaser class and prior user's reputation: Manu Garg & Ratan Behari Agrawal v. Registrar of Trade Marks, 2023 SCC OnLine Del 581, Para 12; Lite Bite Travel Foods (P) Ltd. v. Registrar of Trademarks, 2023 SCC OnLine Del 296, Para 13.
Mankind Pharma Limited Vs The Registrar of Trade Marks, Order date: 09 January 2026, Case Number: C.A.(COMM.IPD-TM) 13/2025 & I.A. 7045/2025, Neutral Citation: N/A, Name of court: High Court of Delhi at New Delhi, Name of Judge: Hon'ble Mr. Justice Tejas Karia.
[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]
[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]
