Cadila loses Mexate trademark case

Ahmedabad-based Cadila Healthcare Ltd has lost the case in a civil suit, which it had filed for its brand ‘Mexate’ against Wallace Pharmaceuticals Pvt Ltd.

While Cadila Healthcare got ‘Mexate’ registered as a trademark in 1994, Goa-based Wallace Pharma, the defendant, adopted the trademark ‘Mext’, an abbreviation of the basic drug Methotrexate, used in the treatment of cancer, rheumatoid arthritis and psoriasis.

Both Cadila and Wallace Pharmaceuticals are the registered ownera of the disputed trademarks.

The court considered similarities and dissimilarities of the trademark, overall getup, packing material and other factors. Moreover, prices of both the products and class of the purchaser were also considered by the court before passing the judgment.

Wallace Pharmaceuticals sells its product in a cardboard box, whereas Cadila Healthcare Ltd sells in a foil pack. Hence, the court was of the opinion that the overall getup and packing material were different in both the products.

“In the field of medicinal preparation it is a general practice to adopt the mark from the name of the drug itself. Accordingly, Cadila Healthcare Ltd's mark is Mexate, which is an abbreviation of Methotrexate. Similarly, Wallace Pharmaceuticals Pvt Ltd’s mark Mext is also an abbreviation of Methotrexate. Therefore, Cadila Healthcare Ltd cannot claim monopoly over the mark which is an abbreviation of a basic drug,” said a representative of YJ Trivedi & Co, a trademark and patent attorneys and advocates firm, on behalf of Wallace Pharmaceuticals in a press release.