Casing Out The Deceptive Similarity: The USV-Cadila Litigation

The well known dicta of trademarks, deceptive similarity and the akin, have been recounted time and again, to resolve various disputes that appear forth the courts. The Intellectual Property Appellate Board answering an appeal [USV Ltd. v. Cadila Pharmaceuticals 2008(37) PTC 637 (IPAB)] filed under S. 92 of the Trade Marks Act, 1999 dealing with the procedure and powers of the Appellate Board, dealt with the trademark PIOZULIN and an application for its removal filed in the name of Cadila Pharmaceuticals Ltd. Averring of its reputation and recognition in the market, they stated that an honest adoption of the mark PIOZ was made in the year 2000 in respect of medicinal and pharma products. They averred that the mark with constant usage had become a recognizable trade mark owing to the long, open, extensive and continuous use, and had become inalienably recognizable in the course of trade with them.