Drug Trademark in India: Rules, Registration and Legal Framework

Drug Trademark in India: Legal Framework and Supreme Court Jurisprudence

Explore drug trademark laws in India, including registration process, legal provisions, and importance in the pharmaceutical sector.

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Context: A trademark dispute arose when Novo Nordisk sued Dr. Reddy’s Laboratories in the Delhi High Court, alleging that the drug name “Olymviq” was deceptively similar to its diabetes drug Ozempic, highlighting India’s strict rules on pharmaceutical trademarks.

Drug Trademark in India

Drug trademarks in India play a crucial role in distinguishing pharmaceutical products and ensuring patient safety. With thousands of medicines available in the market, unique and clearly identifiable brand names help prevent confusion that could lead to serious health risks.

The regulation of drug trademarks involves a combination of intellectual property laws, such as the Trade Marks Act, 1999, and oversight by authorities like the Central Drugs Standard Control Organisation. As the pharmaceutical sector continues to expand, effective trademark management has become essential to balance innovation, legal protection, and public health concerns.

Also Read: Drug Regulation in India

Legal Framework for Naming of Drugs in India

Drug names in India are regulated under the Trade Marks Act, 1999. Its important sections are:

Section (Trade Marks Act)	Provision (with respect to Drug Naming)
Section 9 – Distinctiveness	Trademarks must be distinctive.
Section 11 – Similarity with earlier marks	Pharmaceutical trademarks must not be “deceptively similar” to existing drug names, especially when such similarity could confuse doctors, pharmacists or patients.
Section 13 – International Non-Proprietary Names (INN)	Prohibits monopolising International Non-Proprietary Names (INN)—the globally recognised generic names for active pharmaceutical ingredients. Companies may derive brand names from INNs, but the resulting name must be clearly distinguishable.
Section 29 – Trademark infringement	Use of a registered trademark or a deceptively similar mark for similar goods without permission amounts to infringement.
Section 27 – Passing off remedy	Even without trademark registration, courts can prevent the use of a misleading drug name that falsely suggests association with another manufacturer.

Also Read: Drug Safety Issues in Indian Pharmaceutical Sector

Supreme Court Jurisprudence on Drug Trademark in India

Cadila Healthcare case (2001) established strict standards for determining “deceptive similarity” in pharmaceutical trademarks.
- Eg. phonetic similarity, visual resemblance, nature and therapeutic use of the drug, likelihood of confusion among doctors, pharmacists or patients.
Bombay High Court (2023): The court held that even the slightest probability of confusion in medicinal trademarks is sufficient to restrain the use of a similar brand name.
Delhi High Court ruling on Letroz vs Letero (2022): The court allowed both names because they were derived from the same INN “Letrozole” and were prescribed by specialised oncologists, reducing the risk of confusion.