IPAB orders removal of Ajanta's product TM

The Intellectual Property Appellate Board (IPAB) has directed the Trade Mark Registry to remove Clinoxide and Clinoxide-A, registered by Ajanta Pharma Ltd for its skin care products, in a dispute between the company and Stiefel Laboratories Inc, a part of pharma major GlaxoSmithKline.

The order was issued based on a miscellaneous petition filed by Ajanta Pharma with an appeal to allow rectification application of Stiefel Laboratories, as part of settlement between the two parties in the Delhi High court.

Stiefel, which has been using the trademark Clindoxyl for a product to treat acne, had filed the rectification application with the IPAB against the trade marks Clinoxide and Clinoxide-A. "By incorporating the order of the Honorable Delhi High Court in the order, we are allowing this petition (MP) and accordingly the main application filed by the applicant (Stiefel Lab) for the rectification of the impugned trademark Clinoxide...," said the order issued by the coram comprising IPAB Chairman Justice K N Basha and technical member (trade marks) Sanjeev Kumar Chaswal.

The matter was amicably settled on the base of terms of compromise before the Delhi High Court in another petition and an order was passed by the Court on September 12, 2014, observed the Court.