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Amendments to Trademark Laws

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Feb 21, 2012 (Newsletter Issue 3/12)
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List of INNs Published

The Indian Controller General of Patents, Designs and Trade Marks (CGPDTM) has published the list of International Non-Proprietary Names (INNs) as declared by the World Health Organization (WHO).

More than pharmaceutical substances are mentioned as INNs in the said list. The Trademarks Act, Section 13 provides that international non-proprietary names declared by WHO or deceptively similar names shall not be registered as trademarks. As a high number of Indian applications has been filed in Class 5 (for goods relating to medicinal, pharmaceuticals, veterinary instruments/ apparatus, etc.), the list is expected to help the agents and applicants to assess their application prior to filing for trademark registration and to obviate expensive litigation dispute later on.

It is yet to be seen whether already registered marks, like Ofloxacin, Lactulose or Retinol, that are mentioned as INNs in the aforementioned list will be canceled suo moto by the Registry.

To access the list, please click here

Source: S. S. Rana & Co., New Delhi, India,
Chadha & Chadha, IP, New Delhi, India