Lilly says Cialis trademark registered

Lilly Icos LLC has submitted before the Delhi High Court that it has registered its trademark for pharmaceutical and medicinal preparations Cialis and has obtained a registration certificate from the Registrar of Trade Marks.

Lilly Icos in it application has submitted that during the pendency of its suit seeking a direction to restrain Macleods Pharmaceuticals from misusing its trade mark 'Cialis' and for protection of its copyrights, it has obtained a registration certificate from the Registrar of Trade Marks for Cialis, a pharmaceutical and medicinal preparations for treatment of sexual dysfunction.

However, the registration certificate issued for Cialis had certain errors for the correction of which appropriate steps had been taken, it added.

According to Lilly, it had become the registered proprietor of the trade mark Cialis and was. Therefore. entitled to the relief of infringement of its registered trade.

The company has the exclusive rights to use the trade mark in respect of the goods for which the said trade mark is registered and the original registration is prima facie evidence as to its validity, the company stated.

"On account of the change in the circumstances and the subsequent development having taken place it has become imperative for Lily Icos to amend/modify the plaint in order to seek substantial justice," the application filed through counsel CM Lall said.

Lily Icos in its suit had sought an order restraining Macleods from using Megalis or any other trade mark or name that was similar to its registered trade mark Cialis or having a suffix - alis either as a trade mark or a trade name or corporate name.