Unlike Patents or Designs, the law of Trademarks mandates the
rule of use - the more you use a mark and make it distinctive, the
better chances you have in securing and ultimately defending your
registration.
This principle has been reiterated in the recent case of M/s.
HAB Pharmaceuticals & Research Limited v/s.VEE EXCEL DRUGS
& Pharmaceuticals Pvt. Ltd. [ORA/59/2005/TM/DEL] and VEE EXCEL
DRUGS & Pharmaceuticals Pvt. Ltd. v/s. M/s. HAB Pharmaceuticals
& Research Limited [ORA/155/2009/TM/MUM], both of these being
cross rectification applications. [Order No. 169 of 2013].
While ORA 59/2005 was filed by HAB Pharmaceuticals &
Research Limited to remove the mark "VEGA
ASIA" bearing registration number 1079405 in Class 5
belonging to VEE EXCEL DRUGS & Pharmaceuticals Pvt. Ltd. from
the Register; ORA 155/2009 was initiated by VEE EXCEL DRUGS &
Pharmaceuticals Pvt. Ltd. to remove the mark "VEGAH
TABLETS" of HAB Pharmaceuticals & Research
Limited bearing Registration
