Adoption Of Mark Intended To Encroach On Built-Up Reputation Of Mankind Pharma: Delhi HC Directs Registry To Remove 'Kindpan' Trademark

Mankind Pharma Limited (petitioner) submitted that it is the owner of 'Mankind' and 'Kind' marks. It stated that the respondent trading as M/s Sanavita Medicare was granted registration for the trademark 'KIND' in class 5 for medicinal and pharmaceutical preparations in August 2014. Mankind Pharma stated that it was already an owner of the Kind mark, registered in January 2013.

Mankind Pharma stated that the adoption of the impugned mark by the respondent was an attempt to unduly encash upon its goodwill and reputation of the petitioner.

Justice Saurabh Banerjee noted that Mankind Pharma is the owner and prior user of 'Mankind' and 'Kind family of marks.

The Court observed “…today the petitioner has gained such reputation and developed a goodwill in the said 'MANKIND' and 'KIND' family of marks that they are identified/ connected with the petitioner, and it only, and especially when they are qua medicinal, pharmaceutical and veterinary preparations in Class 5 of the Act;”

It noted that the respondent had applied for registration of the impugned mark on a 'proposed to be used' basis. It said that there was no plausible reason for the respondent to first adopt and then apply for the impugned mark. It remarked that the reason to do so was to encroach upon the established goodwill and built-up reputation of Mankind Pharma.

In view of the above, the Court was of the view that the impugned mark was liable to be taken off.

The Court thus directed the Trade Marks Registry to remove the impugned trademark.

Case title: Mankind Pharma Limited vs. Preet Kamal Grewal And Anr.

Citation: 2025 LiveLaw (Del) 412