JSA Prism | Dispute Resolution | September 2022

Exclusive use over of a trademark derived from a generic name of the drug is not permissible

The Division Bench of the Delhi High Court held that a trademark which is derived from a generic name of the drug cannot be granted exclusive use. The High Court dismissed the appeal by Sun Pharmaceuticals Laboratories Ltd. on the ground that there cannot be any monopoly since their mark ‘LETROZ’ is derived from ‘LETROZOLE’, which is an international non-proprietary name of a salt.

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