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Synopsis

The Delhi High Court recently granted ‘SUN/ SUN PHARMA/ SUN PHARMACEUTICALS’ the status of a 'Well-Known Trademark'.

Court noted that Sun Pharmaceuticals is ranked as the no.1 pharmaceutical company in India in a total of 11 specialties and is the world’s 4th largest generic pharmaceutical company, 

A bench of Justice Amit Bansal opined that Orison Pharmaceuticals was using trade names 'ORISON/ ORISON PHARMA/ ORISON PHARMACEUTICALS' which are similar to Sun's trade names 'SUN/ SUN PHARMA/ SUN PHARMACEUTICALS'. 

The order was passed in a plea filed by Sun Pharmaceutical Industries Ltd through Advocate Sachin Gupta seeking a permanent injunction against Orison Pharmaceuticals from the specialties using the trade names ‘ORISON/ ORISON PHARMA/ ORISON PHARMACEUTICALS’ and the declaration of the trademark ‘SUN/ SUN PHARMA’ as a well-known trademark.

The bench passed the direction after noting that Sun Pharmaceuticals started marketing pharmaceutical products under the trade name ‘SUN/ SUN PHARMA/ SUN PHARMACEUTICALS’ in 1978. It markets drugs and formulations in over 150 countries of the World and has 45 manufacturing sites on 6 continents and 20 research centers with over 30,000 strong multi-cultural workforces from over 50 different nationalities. Sun Pharmaceuticals is ranked as the no.1 pharmaceutical company in India in a total of 11 specialties and is the world’s 4th largest generic pharmaceutical company, the bench added.

Additionally, the bench noted that the company has been consistently protecting its statutory and common law rights in the trade name 'SUN/ SUN PHARMA/ SUN PHARMACEUTICALS' and has secured injunction and rectification orders against various parties using trademarks or trade names that are deceptively similar to the company's.

Given the above, the court granted Sun Pharmaceutical’s ‘SUN PHARMA’ the status of a 'Well-Known Trademark'.