Vindhya Srinivasamani’s Post

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Partner at Lakshmikumaran and Sridharan

Thrilled to share a favourable order from the Hon‘ble Madras High Court in a Trademark matter. The matter pertains to an appeal against the refusal of the mark INIMOX ( amoxycillin + cloxacillin injection for veterinary use) by the TMR following an opposition by proprietors of IMOX (amoxycillin tablets for humans). The Court held that INIMOX is liable to be registered and that there is no likelihood of deception or confusion, as long as INIMOX is not applied to products for humans. The Court delves into many important questions like- to what extent does the origin of a mark from a generic name impact its strength? Does the extent of impact depend on how much of the mark is appropriated from the generic name? How do you reconcile weakness of marks derived from a generic name or source with the vital need to protect the public from confusion and association in pharma goods?, amongst other questions. Lakshmikumaran and Sridharan

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