First to enter the world Market/Protecting Trademark Law in India on Established Foreign Brands/Healthcare and medicine.

In this landmark case, the Supreme Court extended the protection guaranteed under trademark law in India to a well-known foreign brand. The court restrained an Indian company from using the mark OCUFLOX. The court judgment was given irrespective of the fact that the U.S. company has neither used the mark in the Indian market, nor the mark was registered in India. The court held that the respondent in this case was the first to enter the market and adopt the mark. Also, the fact that the respondent has not used the mark in India is insignificant, if they were the first to enter the world market. It was also laid down that in the fields of health care and medicine, all possibilities of deception and confusion should be prevented; keeping in mind that public interest is not jeopardized.

Leave a Reply