Delhi High Court Orders Removal of 'Kindpan' Trademark for Infringing Mankind Pharma's Brand

The Delhi High Court has ordered the removal of the trademark ‘Kindpan’ after Mankind Pharma filed a petition against M/s Sanavita Medicare.

The court found that the respondent, who registered the mark under Class 5 (medicinal and pharmaceutical preparations), attempted to misuse Mankind’s goodwill.

The court noted that Mankind Pharma had prior rights over the ‘Mankind’ and ‘Kind’ trademarks since 2013, while the respondent applied in 2014, unjustly encashing its goodwill.

The respondent had no valid reason for adopting the mark, applying a "proposed to be used" basis, and directed the Trade Marks Registry to remove the impugned mark to protect Mankind Pharma’s reputation.