Aristo Pharma to hold MONTINAL trademark

Innova Cap Tab and its sister companies has been restrained by the Bombay High Court from making and marketing any medicinal preparation or product under the trademark ‘MONTINAL’, as this trademark is a registered intellectual property of Aristo Pharmaceuticals.

Judge S J Kathawala passed the order recently on a notice of motion taken out by Aristo for infringing its trademark in a suit filed by it against Innova Cap Tab and others.

Aristo Pharmaceuticals had originally conceived and adopted the MONTINA trademark in December 2002, to be used for its products.  Aristo then was a public limited company.  It applied for and got the trademark MONTINA registered on December 31, 2002 for medicinal and pharmaceutical preparations.  Subsequently, it became a private limited company.

Aristo had renewed the registration of the trademark on December 31, 2012, for 10 years, and hence, the court noted that the registration of the trademark is valid and subsisting.

In June of 2013, a medical preparation in the form of syrup and tablets was started by Aristo and was to be marketed under the trademark MONTINA. Later in August, it started selling its products under the trademark MONTINA-L and since then it has been selling the preparation.

Aristo had filed a lawsuit against Innova on September 19, 2013, for infringement of its trademark after it came across the Innova’s preparation being sold under the MONTINAL trademark.

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