The Supreme Court of India , giving credence to the ‘first in the market’ test, has passed a significant decision in the case of Neon Laboratories Ltd v Medical Technologies Ltd & Ors (Civil Appeal No 1018 of 2006) affirming the City Civil Court’s and Gujarat High Court’s interim order restraining Neon Laboratories Ltd (Neon) from using the mark ROFOL (which was applied prior to the use of Medical Technologies Ltd’s mark PROFOL) on the basis of its similarity to Medical Technologies Ltd’s (Medical Technologies) mark PROFOL. In effect, the Supreme Court held that a prior application for registration of a mark is of no assistance if the use of the said mark is commenced after twelve years that too after the rival’s use of their mark.

read more>>http://indiankanoon.org/doc/120264982/

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