Case: Sumil Chemical Industries P Ltd vs. UK Crop Sciences P Ltd | CS (COMM) 432/2024.
Product category: Agro-chemical products
Brief:
| Particulars | Plaintiff | Defendant |
| Trade Mark | COSAMIL, COSAMIL-DF, COSAMIL GOLD | COSAMIN |
| Earliest usage | Since 2009 | User claim 2015 |
Plaintiff filed a suit against the Defendant, for dealing in agro-chemical products under the impugned mark COSAMIN, which is deceptively similar to the Plaintiff’s registered trade mark COSAMIL. The Plaintiff’s trade mark COSAMIL and its formative marks are registered under Class 5 and 1 for goods, namely Insecticides, Herbicides, Fungicides and Fertilizer, chemical used in agriculture.
The trade mark COSAMIL has been prominently used by the Plaintiff since 2009 and obtained its earliest registration on 15th April, 2013 bearing registration no. 2513264 amongst other.
Plaintiff’s Registrations:
| Sr. No. | Trademark Name | Application Number | Status | Cl. | Date Of Application | Valid Upto | Date of Usage |
| 1 | COSAMIL GOLD | 2513264 | Registered | 5 | 15th Apr., 2013 | 15th Apr., 2033 | Proposed to be used |
| 2 | COSAMIL GOLD | 2513263 | Registered | 1 | 15th Apr., 2013 | 15th Apr., 2033 | Proposed to be used |
| 3 | COSAMIL DF | 2513262 | Registered | 1 | 15th Apr., 2013 | 15th Apr., 2033 | Proposed to be used |
| 4 | COSAMIL DF | 3885883 | Registered | 5 | 12th July, 2018 | 12th July, 2028 | Proposed to be used |
| 5 | COSAMIL-DF (LABEL) | 3899640 | Registered | 1 | 27th July, 2018 | 27th July, 2028 | 3th April, 2012 |
| 6 | COSAMIL GOLD (LABEL) | 3899513 | Registered | 5 | 27th July, 2018 | 27th July, 2028 | 9th July, 2013 |
| 7 | COSAMIL GOLD (LABEL) | 5249901 | Registered | 1 | 16th Dec., 2021 | 16th Dec., 2031 | 25th June, 2013 |
| 16 | COSAMIL | 5775981 | Registered | 5 | 20th Jan., 2023 | 20th Jan., 2033 | 23rd June, 2009 |
| 17 | COSAMIL | 5775977 | Registered | 1 | 20th Jan., 2023 | 20th Jan., 2033 | 25th June, 2013 |
| 18 | COSAMIL-DF (LABEL) | 5775980 | Registered | 5 | 20th Jan., 2023 | 20th Jan., 2033 | 23rd June, 2009 |
| 19 | COSAMIL-DF | 5775979 | Registered | 5 | 20th Jan., 2023 | 20th Jan., 2033 | 23rd June, 2009 |
| 20 | COSAMIL-DF | 5812454 | Registered | 5 | 17th Feb., 2023 | 17th Feb., 2033 | 23rd June, 2009 |
Knowledge:
The Plaintiff became aware of the Defendant’s infringing activities in the last week of January 2024. This knowledge came to light upon discovering that the Defendant had filed an application for the trade mark “COSAMIN” in device mark which was published in the Trade Marks Journal No.2132 dated 27th November, 2023 under application no. 4905887, which claimed use since 19th December, 2015 for goods Insecticides, herbicides, fungicides under class 5, which are same and/or similar to the product offered by the Plaintiff under the COSAMIL-DF and registered for in Class 05.
Plaintiff immediately served the Defendants with cease and desist notice and thereafter with reminder notice. Upon no response, the Plaintiff filed the aforesaid suit against the Defendant.
Court’s ruling:
The Hon’ble Delhi High Court granted ex-parte ad interim injunction against the Defendant and in favour of the Plaintiff in the aforesaid case, restraining the Defendant from using the mark COSAMIN for its fungicide products – for it being deceptively similar to Plaintiff’s product COSAMIL.
Counsel for Plaintiff: Adv. Sachin Gupta, Adv. Rohit Pradhan, Adv. Ajay Kumar, Adv. Prashansa Singh, Adv. Manan Mondal
