"Zytrin" Registration Denied To Stadmed

Stadmed Private Limited sought for registration of ‘Zytrin’ in respect of pharmaceutical and medicinal preparations. The mark was proposed to be in use since the date of application. The mark was subsequently advertised in the Trade Marks Journal before acceptance under Section 20(1) of the Trade Marks Act, 1999.

Abbott Laboratories, a leading organization in the field of healthcare and proprietors of several marks including ‘HYTRIN’, filed for an opposition against the preparation ‘Zytrin’. They claimed to be registered proprietors of Hytrin since 1983, in various countries, which is said to be a well-known trademark. Under these circumstances, the registration of ‘Zytrin’ was said to be likely to cause confusion or deception, in pursuance of which they prayed for its prohibition u/s 11 r/w s-12 of the Trade Marks Act.