JUDGMENT

SANJEEV NARULA, J. (Oral):

1. In the matter before us, the Petitioner - GSK Consumer Healthcare S.A., who holds the registered trademarks “OTRIVIN” and “OTRINOZ” along with their derivative forms in Class 5, has filed a petition under Section 57 of the Trade Marks Act, 1999 [“Act”]. The petition seeks the rectification and cancellation of the trademark “OTRINIR”, registered under No. 2892712 in the name of Respondent No. 1 [“Impugned Mark”]. Both the Petitioner’s and the said Respondent’s marks are registered in the same class and used for nasal decongestant sprays. Thus, the crucial issue before the Court is whether the Impugned Mark is so similar to the Petitioner’s trademarks as to cause confusion and thereby warrant its removal from the Register of Trade Marks.

THE FACTUAL BACKDROP:

2. The Petitioner is a member of the GSK group of companies under a joint venture between GlaxoSmithKline (GSK) and Novartis AG [“GSK Group”]. As a leading science-driven healthcare entity, GSK Group boasts a significant global footprint, with commercial activities spanning over 150 countries. The group is engaged in the research, development, and production of a broad spectrum of pharmaceutica