Case Title:Mankind Pharma Vs. Lemford Biotech Pvt. Ltd.
Date of Order: 18th February 2025
Case No.: C.O. (COMM.IPD-TM) 350/2022
Neutral Citation: 2025:DHC:1232
Name of Court: High Court of Delhi
Name of Judge: Hon’ble Mr. Justice Amit Bansal
Fact
Mankind Pharma filed a rectification petition under Section 57 of the Trade Marks Act, 1999, seeking removal of the trademark "LENOKIND" registered by Lemford Biotech Pvt. Ltd. in Class 5 for pharmaceutical products. Mankind Pharma, incorporated in 1991, claimed prior rights over the word "KIND," forming part of its extensive family of trademarks, including "MANKIND." The company asserted that it had built immense goodwill over the years and had multiple trademark registrations in India and other countries, establishing "KIND" as a distinctive identifier of its brand. The petitioner alleged that the respondent’s registration of "LENOKIND" was deceptive and likely to cause confusion among consumers. Despite receiving court notices, the respondent failed to file a reply or appear in court, leading to an ex-parte decision.
Issue
The main issue before the court was whether the registration of "LENOKIND" by Lemford Biotech Pvt. Ltd. infringed upon the petitioner’s established rights over the "KIND" family of trademarks and whether the mark should be removed from the Register of Trade Marks under Section 57 of the Trade Marks Act, 1999.
Reasoning and Analysis of the Judge
The court noted that Mankind Pharma had been using "MANKIND" and the "KIND" family of marks since 1986, well before the respondent’s claimed use of "LENOKIND" in 2017. The court emphasized that the word "KIND" had acquired a secondary meaning exclusively associated with the petitioner due to its continuous and extensive use in the pharmaceutical industry. Referring to a previous decision in Mankind Pharma Ltd. v. Cadila Pharmaceuticals Ltd., the court reiterated that a well-established family of marks enjoys broader protection, and merely altering the prefix while retaining "KIND" does not negate the likelihood of confusion. The judge concluded that the respondent’s use of "LENOKIND" was intended to trade upon the goodwill of Mankind Pharma and mislead consumers into believing an association between the two companies.
Decision of the Judge
The court allowed the rectification petition and directed the Trade Mark Registry to remove the registration of "LENOKIND" (Trademark No. 4225327) from the Register of Trade Marks. The court held that the respondent had dishonestly adopted the mark to benefit from the reputation of the petitioner’s brand, and its continued presence on the register was in violation of trademark laws.
