Court Finds 'Noviets' Mark Deceptively Similar to 'Novartis,' Emphasizes Caution in Pharmaceutical Trademarks
In a significant judgment dated August 17, 2026, the Delhi High Court has granted an interim injunction in favor of Novartis AG, prohibiting Noviets Pharma from using the trademark 'Noviets.' The Division Bench comprising Justices V. Kameswar Rao and Manmeet Pritam Singh Arora found that the 'Noviets' mark was deceptively similar to the well-established 'Novartis' trademark. This decision underscores the heightened scrutiny required in the pharmaceutical industry due to potential public health risks.
The Court highlighted that the marks were phonetically, visually, and structurally similar, targeting the same consumer base, which could lead to confusion. The judgment emphasized the established goodwill of Novartis, with the company having a presence in India since 1947 and substantial sales figures over the years, further solidifying its market position.
The Court dismissed the appellants' argument that the prefix 'NOV' was common in the trade, ruling that it was a dominant feature of the 'Novartis' mark. Furthermore, it was noted that the appellants failed to provide a plausible explanation for adopting the 'Noviets' mark, which the Court viewed as a dishonest adoption intended to ride on the goodwill of Novartis.
This interim injunction is a crucial step in protecting consumer interests and maintaining the integrity of pharmaceutical trademarks. The case remains open for further trial to conclusively address issues including territorial jurisdiction and the final determination of trademark infringement.
Bottom Line :
Trademark - Deceptive similarity between trademarks assessed - Interim injunction granted to protect goodwill and prevent confusion in pharmaceutical trade.
Statutory provision(s): Trade Marks Act, 1999 Sections 29, 15, 17; Civil Procedure Code, 1908 Order XXXIX Rules 1 & 2; Passing Off Doctrine; Territorial Jurisdiction.
Noviets Pharma v. Novartis AG, (Delhi)(DB) : Law Finder Doc id # 2962198
