Glaxo Group Limited v JB Chemicals and Pharmaceutical Limited, Miscellaneous Case No. 3 of 2007, High Court of Tanzania, Commercial Division at Der es Salaam
Glaxo Group Limited v JB Chemicals and Pharmaceutical Limited, Miscellaneous Case No. 3 of 2007, High Court of Tanzania, Commercial Division at Der es Salaam
Luanda, J.
Date of Judgment: July 18, 2007
Facts
The respondent applied for registration of “RANTAC” in class five as a trade mark. The appellant had opposed the respondent’s registration contending that the appellants were the lawful proprietors of the trade mark “ZANTAC” and that goods listed in the respondent's application are similar to theirs which include pharmaceutical, medicinal and veterinary preparations and products, and were likely to confuse the public. The Deputy Registrar rejected the objection and the appellants appealed to the High Court.
Holdings
(i) Goods or services registered under the same class can be the basis to determine the resemblances of trade or service marks.
(ii) When a party is aggrieved by the Registrar's decision, they may appeal to the High Court.
Decision
Using the trade mark "RANTAC," which is more or less similar with the applicant well-known trade mark "ZANTAC" to sell similar goods will confuse the public. The only difference between those marks, as correctly observed in the Ugandan case, is one letter. In the absence of the letter "R" and "Z," there was no other distinctive mark that differentiates RANTAC from Zantac. The Deputy Registrar’s finding, that there was no likelihood of confusion as the goods are subject to prescription by the doctor was wrong because goods listed under class five do not need a doctor’s prescription. Therefore, registering "RANTAC" as a trade mark will cause confusion.ABANDONMENT AND NON-USE OF TRADE MARKS