The conundrum of pharmaceutical trademarks: SOXPLAT held similar to OXIPLAT

The tussle over a drug’s name is a familiar dispute in the pharmaceutical arena. Manisha Singh & Smrita Sinha have covered an interesting case wherein the Intellectual Property Board (IPAB)’s stance on the similarity of the same set of marks is contrary to that of the Delhi High Court. While the IPAB has held the marks SOXIPLAT and OXIPLAT similar, the Delhi High Court’s prima facie view was that the marks are dissimilar; now only time will tell which mark has ultimately won this trademark battle.

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1st published in the Trade Mark Lawyer (CTC Media)