Maharashtra company claims 'Covishield' trademark; files suit against Serum Institute

A civil court on Tuesday issued a tice to Serum Institute of India (SII) on a suit filed by a pharmaceutical products manufacturer and seller seeking to restrain former from using trademark 'Covishield' or any or similar names for its upcoming COVID-19 vaccine.

Nanded-based firm, Cutis-Biotech, in its suit filed on Monday through advocate Aditya Soni, claimed it has been using trademark 'Covishield' for its products like antiseptic, sanitisers, disinfectant liquid, surface de- containment spray and fruit and vegetable washing liquid since 2020.

As per suit, firm filed an application for registration of 'Covishield' trademark on April 29, 2020, which is pending and firm is using trademark since May 30, 2020, for its products. suit has sought an injunction against SII from using name 'Covishield' for its vaccine for coronavirus.

court issued a tice to Pune-based vaccine maker SII, seeking its response to suit, and posted suit for hearing on January 19. Cutis-Biotech added that SII has also filed trademark applications for or names such as "COVIDOROTECT, COVID-VAC, COVI-VAC, COVI-VAXX" and thus could use any of se names for ir vaccine.

Soni said on December 7 last year, plaintiff came across news that SII has applied before Drugs Controller General of India for immediate approval of COVID-19 vaccine under brand of "Covishield" in India. suit said it was t seeking any restraint on SII from launching vaccine but name should t be 'Covishield'. suit stated that SII vaccine is yet to be launched in market.

"refore, if injunction is issued against defendant restraining it from using trademark of plaintiff (Covishield), inconvenience is going to be caused to vaccine maker."

"However if SII launches its product under brand 'Covishield', injury and dam would be caused to Cutis-Biotech," suit said. Mess sent to SII seeking reaction to suit did t elicit any response.