Foreign Trademark Registration No Ground for Claim in India : Delhi High Court

The Delhi High Court has held that registration of a trademark in other countries does not, by itself, entitle one to registration in India.

While allowing Mankind Pharma’s objection to the registration of ‘FLORASIS’ by a Chinese firm, the court observed that mere overseas registration carries no weight under Indian law.

The Court found ‘FLORASIS’ deceptively similar to Mankind’s ‘FLORA’, posing a likelihood of confusion in the pharmaceutical trade.

The court further noted that adding a Mandarin character does not create distinctiveness in India, especially when the average consumer cannot decipher it.

The Court ordered the removal of the 'FLORASIS' trademark from the register.