*IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 09.01.2026

+ C.A.(COMM.IPD-TM) 13/2025 & I.A. 7045/2025

MANKIND PHARMA LIMITED .....Appellant

Versus

THE REGISTRAR OF TRADE MARKS .....Respondent

Advocates who appeared in this case

For the Appellant : Mr. Hemant Daswani and Ms. Saumya

Bajpai, Advocates.

For the Respondent : Ms. Nidhi Raman, CGSC with Mr. Om Ram

& Mr. Mayank Sansanwal, Advocates

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

JUDGMENT

TEJAS KARIA, J

1. The present Appeal has been filed under Section 91of the Trade Marks Act, 1999 (“Act”), being aggrieved by the order dated 06.11.2024 (“Impugned Order”) passed by the Respondent, refusing the Appellant's Application for registration of the Mark ‘PETKIND’ (“Subject Trade

Mark”) bearing Application No. 5157443 (“Application”) in Class 31.

2. The Respondent has refused the Application on the ground that there was a prior application for the mark ‘PETKIND’ (“Cited Mark”) under Application No. 4648505, which is phonetically and visually similar to the

Subject Trade Mark and in respect of similar goods and services and under the same Class. Therefore, the Application was refused vide Impugned Order with the finding that the Subject