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Man Of Average Intelligence- Scale For Determining Similarity.

Publication: Mondaq Business Briefing
Publication Date: 18-MAY-07
Format: Online
Delivery: Immediate Online Access
Full Article Title: Man Of Average Intelligence- Scale For Determining Similarity.(Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd.)(Sami Khatib v. Optho Remedies Private Ltd.)(India. Trade Marks Act 1999)

Article Excerpt
It has become a well-settled principle that while adjudicating deceptive similarity of medicinal products, the yardsticks adopted by the Courts are stringent. The Supreme Court of India in Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd., AIR 2001 SC 1952, laid down the general guidelines that are to be adopted while adjudicating deceptive similarity in medicinal products. Guided by the principles set by the Supreme Court, the Intellectual Property Appellate Board [IPAB] under the Indian Trade Mark Laws, in Sami Khatib v. Optho Remedies Pvt. Ltd & Anr. 2007 (34) PTC 357 reiterated the same.

Optho Remedies/Respondent had filed an application for registration of Mark B-Tone in respect of medicinal and...

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