Hoechst Aktiengesellschaft vs. Artee Minerals & Anr. 2004 (28) PTC 470 (IPAB)

Hoechst Aktiengesellschaft vs. Artee Minerals & Anr. 2004 (28) PTC 470 (IPAB)

The appellant held the registered trademark 'ARELON'. This mark was registered in class 5 for pharmaceutical goods relating to weed and vermin control preparations. The respondent applied for registration of the mark 'ARTEELON' in the same class for pharmaceutical goods.

The appellant opposed the respondents' application for trade mark registration on the grounds that registration of the impugned mark would be in violation of Sections 9, 11, 12(1), and 18 of the Trade and Merchandise Marks Act, 1958.

The IPAB determined that the rival goods were identical, with the only difference being the letters 'TE'. The Appellate Board also held that the possibility of confusion and deception cannot be ruled out, and thus upheld the order rejecting the respondent's registration application.

The IPAB also held that the benefit of use under Section 54 is only granted in the context of rectification proceedings, where use of an associated trademark is deemed to be use of the registered trademark against which rectification proceedings are initiated for non-use of the mark.