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As per case facts, REXCIN PHARMACEUTICALS (Petitioner) sought cancellation of REKIN PHARMA's (Respondent) 'REKIN-SP' trademark in Class 5. Petitioner claimed prior use of 'REXCIN' as a tradename since 2003 and
...for related businesses, with pending and registered marks. Respondent adopted 'REKIN-SP' in 2017 for pharmaceutical products and obtained Class 5 registration. The Petitioner filed for rectification as Respondent's mark was a defense in an infringement suit. The question arose whether 'REKIN-SP' should be cancelled due to deceptive similarity and Petitioner's alleged prior rights in 'REXCIN' for pharmaceutical products. Finally, the High Court dismissed the petition. It found Petitioner did not use 'REXCIN' as a trademark for pharmaceutical products to identify goods' source, only as a tradename. Respondent was the bona fide prior adopter and user of 'REKIN-SP' in Class 5, with no likelihood of confusion.
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