IP Case Digest · Trade Marks

Abbott Products Operations AG v. Ms. Aprajita Sushma, Proprietor of Alrom Pharmaceuticals Pvt. Ltd. & Anr., C.O.(COMM.IPD-TM) 163/2025

Case number
C.O.(COMM.IPD-TM) 163/2025
Date of judgment
Judge
Tushar Rao Gedela
Outcome
Rectification allowed

Headnote

Rectification allowed and KREOFLAT removed from the Register in Class 5, the mark having been registered despite the prior existence of PANKREOFLAT in the same class and without properly considering the earlier mark. The judgment restates the rule that the tests of confusing similarity are modified for medicinal products: confusion between pharmaceutical preparations can produce physically harmful results, so greater protection is required and a lesser quantum of proof of confusing similarity is called for than in an ordinary case.

Read the judgment (PDF)

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.