$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 18^th February, 2025 + C.O. (COMM.IPD-TM) 350/2022 MANKIND PHARMA .....Petitioner Through: Mr. Hemant Daswani, Ms. Pranjal &

Ms. Saumya Bajpai, Advocates.

versus LEMFORD BIOTECH PVT LTD. AND THE REGISTRAR OF TRADE MARKS .....Respondents Through: Dr. B. Ramaswamy, CGSC.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral)

1. The present rectification petition has been filed under Section 57 of the Trade Marks Act, 1999 (hereinafter, ‘the Act’) seeking removal of the trademark ‘LENOKIND’ bearing trademark registration no.4225327 in class

5, from the Register of Trade Marks.

PROCEEDINGSINTHEPETITION

2. The present petition was received on transfer after the abolition of the Intellectual Property Appellate Board (IPAB) pursuant to the Tribunal Reforms Act, 2021. Since previous order sheets were not available with the counsel for the petitioner, the Joint Registrar issued court notice to the respondents on 19^th July, 2022.

3. Vide order dated 2^nd November, 2022, this Court issued notice in the present petition through all permissible modes. Counsel for the respondent no.2 accepted notice and four weeks’ time was granted to file reply.

Signature Not Verified C.O.(COMM.IPD-TM) 350/2022 Page 1 of 8 Digitally Signed

4. Counsel for the respondent no.1 entered appearance on 2^nd February, 2023 and four weeks’ time was granted to file reply. On the same date, the parties were directed to file written submissions along with relevant judgments in support.

5. Despite accepting notice, neither any reply was filed on behalf of the respondents no. 1 and 2, nor any appearance was made on behalf of the respondents no. 1 and 2 after 5^th April, 2023. Accordingly, the Joint Registrar closed the right of the respondents no.1 and 2 to file reply vide order dated

29^th May, 2023.

6. Consequently, the respondents no.1 and 2 were proceeded against ex- parte vide order dated 5^th July, 2023. This Court also directed the petitioner to file evidence by way of an affidavit within eight (8) weeks.

7. The petitioner filed the evidence of Mr. Aviral Shukla (PW-1) affirming the facts of the petition. Vide order dated 31^st July, 2024, the examination in chief of PW-1 was concluded and the petitioner’s evidence was closed.

8. Vide order dated 9^th September, 2024, the petitioner was granted four weeks’ time to file written synopsis. Subsequently, the petitioner filed the written synopsis on 26^th September, 2024.

BRIEFFACTS

9. Brief facts leading to the filing of the present petition are as follows:

9.1. The petitioner company was incorporated in the year 1991 and is engaged in the business of manufacturing and marketing medicinal, pharmaceutical and veterinary preparations. The predecessor-in-interest of the petitioner adopted the mark ‘MANKIND’ in the year 1986.

Signature Not Verified C.O.(COMM.IPD-TM) 350/2022 Page 2 of 8 Digitally Signed

9.2. The petitioner has more than 300 registered trademarks wherein the word ‘MANKIND’ and/or ‘KIND’ forms a part of its trademarks (hereinafter also referred to as ‘family of marks’). Additionally, the petitioner is also the registered proprietor of the mark ‘MANKIND’ in all 45 classes. The table showing various registrations of the marks with the word element ‘KIND’ along with copies of Registration Certificates as issued by the Registrar of Trade Marks have been exhibited as EXHIBIT PW -1/E (Colly)

9.3. The petitioner has also applied for more than 80 trademarks in respect of the marks ‘MANKIND’ in at least 10 different countries. Copies of Registration Certificates and applications received from/made in various countries have been exhibited as EXHIBIT PW -1/F(Colly). The petitioner is also the registered owner of various websites which include the mark ‘MANKIND’.

9.4. Since the year 2011, the petitioner company has retained number 1 rank in the Indian pharmaceutical industry by way of generating highest number of Prescriptions per Month per Doctor (PMD Audit). At present, 277 b