Section 2 (zb) of the Trademark Act 1999 defines “a trademark as a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and combination of colours”. Whereas trademark, the “‘Mark’ includes a device, brand, heading, label, ticket, name, signature, word, letter, the shape of goods, packaging or combination of colours, the numeral shape of goods, packaging or combination of colours or any combination thereof”(Defined under Section 2 (1)(m) the Trademark Act 1999).

Why is the trademark stopped from being used?

  • An acid inhibitor by the name of Coronil- 92 B already exists.
  • This drug was created by Arudra Engineering Private Limited, a Chennai based company.
  • It was created in June 1993.
  • The drug is still in production and its registration is renewed accordingly.

The Facts and the Verdict

  • Arudra Engineering Private Limited filed an injunction against Patanjali Ayurved Limited.
  • It was done due to the fact that the defendant had made a drug trademarked when a drug by the name of ‘Coronil- 92 B’ already exists.
  • Justice Karthikeyan (Madras High Court) gave the verdict in favour of the defendant and restrained the use of the mark ‘Coronil’ till July 30th, 2020.
  • The reason was cited as the obvious similarity in the name and the spelling being the same.