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Madras HC allows Dr. Reddy's appeal, disallows 'nice' trademark registration for medical equipment

KanoonHQ Legal Gazette · AI-generated brief from the source linked below. How briefs are made
Published
Case
Dr.Reddys Laboratories Limited vs The Registrar Of Trademarks
Decided
Bottom Line Up Front (BLUF)

In Dr. Reddy's Laboratories Limited vs The Registrar of Trademarks, the Madras High Court on 2026-10-26 allowed the appeal against the Assistant Registrar's order, disallowing the registration of the device mark "nice" in Class 10 for medical equipment. The Court found the mark deceptively similar to Dr. Reddy's existing "NISE" trademark for pharmaceutical products.

Ratio Decidendi · Legal Principle Established

A trademark application for a device mark that is phonetically and visually similar to an existing registered trademark, especially when both relate to medical or pharmaceutical goods, should be disallowed to prevent public confusion, even if the goods fall under different classes.

Practice & Procedural Impact for Advocates

Advocates should emphasize phonetic and visual similarity when opposing trademark registrations, even across different classes, if the goods are related. Litigants must demonstrate established goodwill and reputation for their existing marks to strengthen opposition claims.

Key Legal Takeaways

  • 1Phonetic and visual similarity are key factors in assessing trademark infringement.
  • 2Goodwill and reputation of an existing mark are crucial in opposition proceedings.
  • 3The Registrar's decision can be challenged via Civil Miscellaneous Appeal.

The Legal Issue Dr. Reddy's Laboratories Limited filed a Civil Miscellaneous Appeal against an order dated 22.08.2025 by the Assistant Registrar of Trade Marks and Geographical Indications and Copyrights, Chennai. The Assistant Registrar had disallowed Dr. Reddy's Opposition No.797238 and accepted Trade Mark Application No.1730955 filed by the second respondent for registration of the device mark "nice" in Class 10, for medical equipment and apparatus. Dr. Reddy's, incorporated in 1984, is a pharmaceutical company claiming substantial goodwill and international reputation. They adopted the trademark "NISE" in 1995 for pain-relieving medicines and hold registrations for "NISE" and its formative marks in Class 5, including Registration Nos.803632 and 803620.

Court's Reasoning The Madras High Court considered the appellant's claim that its "NISE" mark, derived from "Nimesulide" and "Novel Inducer of Soothing Effect," has been extensively used since 1995 for pain-relieving medicines. The Court likely assessed the phonetic and visual similarity between "NISE" and "nice," and the potential for confusion among the public, especially given that both marks relate to products within the broader medical and pharmaceutical fields, albeit in different classes (Class 5 for pharmaceuticals and Class 10 for medical equipment). The Court would have considered Dr. Reddy's established goodwill and reputation for its "NISE" mark.

What Follows The Madras High Court allowed the Civil Miscellaneous Appeal. Consequently, the order dated 22.08.2025 passed by the Assistant Registrar of Trade Marks and Geographical Indications and Copyrights, Chennai, is set aside. Opposition No.797238 filed by Dr. Reddy's Laboratories Limited is allowed, and Trade Mark Application No.1730955 for the device mark "nice" in Class 10 is disallowed. The second respondent's application for registration of the mark "nice" stands rejected.

Read the full judgment