Bombay High Court emphasises strict scrutiny of pharmaceutical trademarks to prevent medication errors

The Bombay High Court has directed the removal of a pharmaceutical trademark from the Trade Marks Register after finding it deceptively similar to an existing mark used for a medicine treating a different medical condition. The Court held that differences in active pharmaceutical ingredients, therapeutic indications and prescription requirements do not eliminate the risk of confusion between medicinal products. It further clarified that manufacturing medicines in India exclusively for export constitutes use of the trademark in India under the Trade Marks Act, 1999. The removal has been deferred until 31 December 2026 to allow the manufacturer to rebrand and obtain necessary regulatory approvals. The judgment reinforces the heightened standard of scrutiny applicable to pharmaceutical trademarks, given the potentially serious consequences of medication errors