The Delhi High Court has permanently restrained Intas Pharmaceuticals from using the trademark “BEVATAS” for its cancer drug, holding that the mark infringes Sun Pharma's registered trademark “BEVETEX”.
Justice Tejas Karia held that Sun Pharma is the registered proprietor and prior user of the trademark “BEVETEX”, since 1983, and its statutory rights remain protected despite commercial use beginning in 2015.
The dispute arose after Intas launched its cancer drug under the name “BEVATAS”. Sun Pharma argued that the mark was deceptively similar to “BEVETEX” and posed serious public health risks due to the possibility of confusion between oncology drugs.
The court agreed, finding that the two marks are structurally and phonetically similar when viewed as a whole. It held that the likelihood of confusion, not proof of actual confusion, is sufficient to establish infringement, particularly in pharmaceutical cases.
Rejecting Intas' defence that the drugs contain different molecules and are prescription‑only Schedule H medicines, the court said patients, pharmacists and attendants are not expected to distinguish drugs based on chemical salts. The risk of confusion, the court noted, exists not only at the prescription stage but also during dispensing and purchase.
The High Court applied a stricter standard for pharmaceutical trademarks, citing public health considerations and Supreme Court precedent.
Sun Pharma gave up its claim for damages, stating that the suit was filed in public interest. No costs were awarded. The court granted Intas liberty to move a separate application regarding disposal of existing stock bearing the “BEVATAS” mark.
Also Read: Six-Month Keytruda Cancer Treatment Costs Nearly Eight Years Of An Average Indian's Income: Study
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