Bombay High Court (reported by LiveLaw)

Bombay High Court: making goods in India only for export still counts as trademark use in India

Summary

In Glaxo Group Limited v. Shreya Life Sciences Pvt. Ltd. (Commercial Miscellaneous Petition No. 12 of 2026), reported in the week of 26–31 October 2026, the Bombay High Court ordered the mark LEFOXIN BIOX to be removed from the register with effect from 31 December 2026, finding it likely to be confused with Glaxo's LANOXIN. The court also held that 'manufacturing goods in India exclusively for export constitutes trademark use in India'. That matters in non-use challenges: an exporter's mark cannot be removed just because nothing is sold in the Indian market.

Who is affectedExporters who make goods in India for sale abroad, and pharma companies whose drug names sound similar to existing brands.
What to doExporters should register their brand in India and keep invoices, packing lists and shipping bills showing goods made under the mark. Before adopting a new drug name, run a phonetic search: similar-sounding medicine names are treated strictly because confusion can harm patients.
SourceBombay High Court (reported by LiveLaw)

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