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 Court: High Court of Delhi Judge: Hon’ble Justice Saurabh Banerjee Neutral Citation:2025:DHC:3706
Facts:
Mankind Pharma Limited, an established pharmaceutical company, has been using the trademark "FLORA" in India since 1995, and obtained registration for it in 2007 for pharmaceutical preparations. Zhejiang Yige Enterprise Management Group Co. Ltd. applied for registration of the mark "FLORASIS" in Class 5 in India in August 2019, for sanitary and health-related products, on a "proposed to be used" basis. Mankind Pharma opposed this registration, alleging similarities to the well-known "FLORA" trademark, which could cause confusion among consumers.
Procedural Details:
- Mankind Pharma filed an opposition to the registration of "FLORASIS."
- The Deputy Registrar of Trade Marks dismissed the opposition, allowing the registration.
- Feeling aggrieved, Mankind Pharma filed an appeal before the High Court under Section 91 of the Trade Marks Act, 1999.
- The appellant argued that the registration was erroneously granted, citing prior use, similarity of marks, and likelihood of consumer confusion.
- Zhejiang Yige did not participate in the proceedings; the order was ex-parte against the respondent.
Issue:
Whether the registration of the mark "FLORASIS" by Zhejiang Yige, which is similar to the registered "FLORA" owned by Mankind Pharma, infringes prior rights and is likely to cause consumer confusion, thereby warranting its refusal under the Trade Marks Act.
Decision:
The High Court allowed the appeal, set aside the impugned order dated 29.05.2023, and directed the Registrar of Trade Marks to remove the registration of "FLORASIS" from the Register. The Court held that:
- The marks "FLORA" and "FLORASIS" are visually, phonetically, and structurally similar.
- The registration of "FLORASIS", despite some differences, was likely to create confusion and deceive the public.
- The prior use and reputation of "FLORA" favored the appellant's claim.
- Registration in other countries does not automatically entitle the respondent to register the same or similar marks in India.
The Court emphasized caution in the registration of marks, especially within the pharmaceutical industry, to avoid public confusion and protect consumer welfare.
