Delhi HC orders removal of Razenta’s Daplogin trademark

The Delhi High Court has directed the registrar of trademarks to cancel Indore-based Razenta Pharmaceuticals' trademark 'Daplogin', ruling it is deceptively similar to Dr Reddy's Laboratories' 'Daplo' mark for diabetes drugs. Justice Jyoti Singh held that both products use the same active pharmaceutical ingredient for treating Type-2 diabetes and that the medicines being prescription drugs does not eliminate the likelihood of confusion.

The court found Daplogin's registration violates Sections 9(1)(a), 9(2)(a) and 11(1)(b) of the Trade Marks Act, 1999. It noted phonetic similarity can cause confusion at purchase, which must be avoided. Justice Singh also declared Dr Reddy's Daplo a well-known mark under Section 11(6) and Section 2(1)(zg) of the Act, given its investments, revenues, goodwill and popularity.

The court ordered the trademark registry to rectify its register within six weeks. It warned that any unauthorised use of an identical or deceptively similar mark by a third party would amount to infringement and passing off, and such registration would be invalid and liable to cancellation.