Court Refuses Injunction Holding Concurrent Use Must be Honest

In yet another case the question as to the superiority of use over registration of a trademark came up for decision before the Delhi High Court. In Sun Pharmaceutical Industries Limited v. Cipla Limited 2007 (34) PTC 481 (Bom.) Cipla /Defendant had adopted the trademark "Graniset" in February, 1998 for a drug used for treating Chemotherapy and other similar therapies related nausea and vomiting. At that time no one was either using the said trademark or had applied for its registration. Accordingly, Cipla applied for registration in Class 5 in 1998. After advertisement of the application, the registration was granted in 2005 as no one opposed the application. After grnat of registration, Cipla started using the said trademark for its drug from July 2005. In 1999 Sun Pharmaceutical/Plaintiff also applied for an identical trademark "Graniset" in Class 5 for a drug used for identical treatment as that of Cipla. However, the compositions of both the drugs were different. The Active