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The Intellectual Property Appellate Board (IPAB) has directed the Registrar of Trade Marks to remove the trade mark 'Kelur', an eye care related product of Optica Pharma, from the register in a rectification application filed by Sun Pharmaceuticals Ltd.
The decision is on an application for rectification filed on May, 2006, by Sun Pharmaceuticals to restrain Optica Pharma from using the trade mark 'Kelur' for an eye care product with the ingredient Ketorolac.
In the hearing held in August, 2013, Sun Pharma submitted an order passed by the Competition Appellate Tribunal in January 2010, following order in an Unfair Trade Practices Enquiry of 2004, prohibiting Optica Pharma from using the trade mark 'Kelur' forthwith.
In July, 2010, when the matter was placed before the Tribunal, Optica Pharma has submitted that they have already discontinued the use of the impugned trade mark.
"In view of the above, the applicants prayed that the impugned trade mark be cancelled for non-use. For the above mentioned reasons, the original application for rectification is allowed with a direction to the Registrar of Trade Marks to remove the trade mark “KELUR” registered under No1123243 in Class 5," said the IPAB order.
"We have discontinued the product soon after the matter was decided by the court and we are not using the product of the trade mark for long, now," said BV Singh, an official from Optica Pharmaceuticals.
Sun Pharma refused to comment on the order.
As per the information available, the product was used in various eye care treatments including managing postoperative pain and ocular itching associated with seasonal allergic conjunctivitis.
Sun Pharma has ophthalmology products branded as 'Ketlur' with Ketorolac ingredient, in its product portfolio.
