* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 24th September, 2025 Date of Decision :27^th January, 2026 Uploaded on : 27^th January, 2026 + C.O. (COMM.IPD-TM) 111/2023 & I.A. 4946/2023 REXCIN PHARMACEUTICALS P LTD .....Petitioner Through: Mr. Sachin Gupta, Mr. Rohit Pradhan, Ms. Prashansa Singh, Mr. Ajay Kumar and Mr. Adarsh Agarwal, Advocates.

versus REKIN PHARMA P LTD & ANR. .....Respondents Through: Mr. Manoj Kumar and Mr. Amit Kumar, Advocates.

+ CS(COMM) 142/2023 & I.A. 4878/2023 REXCIN PHARMACEUTICALS PVT. LTD. .....Plaintiff Through: Mr. Sachin Gupta, Mr. Rohit Pradhan, Ms. Prashansa Singh, Mr. Ajay Kumar and Mr. Adarsh Agarwal, Advocates.

versus REKIN PHARMA PVT LTD .....Defendant Through: Mr. Manoj Kumar and Mr. Amit Kumar, Advocates.

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA % J U D G M E N T MANMEET PRITAM SINGH ARORA, J:

1. CS(COMM) 142/2023 has been filed seeking permanent injunction restraining infringement of trademark, tradename, domain name, passing off, and other ancillary reliefs. The corporate name of the Plaintiff in CS(COMM) 142/2023 begins with the word/term ‘REXCIN’, and the Defendant’s corporate name in CS(COMM) 142/2023 begins with ‘REKIN’. The Plaintiff has certain registrations for the trademark ‘REXCIN’ in Classes 16, 44, and 45, with user claim dating 16.12.2003. The Plaintiff has also applied for registration of the said mark in Class 5 and 35, which is pending registration. However, the Plaintiff, as of now, is not using mark ‘REXCIN’ for any of its products.

2. The Defendant, on the other hand, has registration for the mark ‘REKIN-SP’ in Class 5, against which the rectification petition [C.O.(COMM.IPD-TM) 111/2023] has been filed by the Plaintiff. The Defendant’s application for registration of ‘ ’ in Class 35 has

also been opposed by the Plaintiff before the Trademarks Registry.

3. Both the connected matters have been argued together by the learned counsels for the parties. This Court shall first decide the rectification petition [C.O.(COMM.IPD-TM) 111/2023] deciding the rights of the parties in their respective marks, and subsequently this Court shall adjudicate the application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 [I.A.

4878/2023].

C.O.(COMM.IPD-TM) 111/2023

4. This is a petition filed under Section 57 of the Trade Marks Act, 1999 [‘Act of 1999’] seeking cancellation of the registered trademark ‘REKIN-SP’ under no. 3541661, which was filed on 04.05.2017 in Class 5 in the name of Rekin Pharma Pvt. Ltd., advertised on 06.01.2020, registered on 01.09.2020, and is valid till 04.05.2027, being in contravention to Section 9(1)(a), 9(2)(a), 11(1), 11(2), 11(3), 11(10), and 18(4) of the Act of 1999.

Submissions by the Petitioner

5. Case of the Petitioner has been set-up as under: -

5.1 It is stated that the Petitioner is a company incorporated in the year 2003, and has coined, adopted and continuously used the mark REXCIN since 16.12.2003 in relation to its pharmaceutical and allied businesses, and is the proprietor of several registered and pending trade mark applications for REXCIN across multiple classes, details of which is given at paragraph 12.3 of the petition.

5.2 It is stated that the Petitioner has continuously, extensively and uninterruptedly used the mark REXCIN as its trading style and house mark across India, prominently displayed on all its product packaging, and has incurred substantial promotional expenditure to build and protect the said mark. It is stated that owing to long-standing use, high quality standards, wide publicity and extensive sales, the mark REXCIN has become exclusively associated with the Petitioner among the trade, medical fraternity and consumers, resulting in significant reputation and goodwill. It is stated that the Petitioner’s sales figures demonstrate sustained commercial use over the years, with sales of Rs. 830.09 lakhs in the last financial year before filing the present petition [i.e., 2021–2022].

5.3 It is stated that,