US pharmaceutical company Allergan has entered into a settlement with Indian manufacturer Intas Pharmaceuticals on the use of the trademarks ‘Botox’ and ‘BTX-A’ for botulinum toxin.
The court order, which was issued on September 9 in the Delhi High Court, stated, “The defendant (Intas Pharmaceuticals) has acknowledged the plaintiff’s (Allergan) exclusive rights in respect of the registered marks ‘Botox’ and ‘BTX-A’ and it has agreed not to use the said marks in isolation or collectively. The plaintiff has also acknowledged and accepted the defendant’s use of the mark ‘BTXA’ without a hyphen and segregating the letters forming part of the word ‘BTXA’.”
According to a previous order from Delhi High Court, Allergan claimed that the trademark Botox has been used in India since 1992.
An application to register the BTX-A trademark was made by Instas Pharmaceuticals in June 2002, which was not granted, but the company secured permission from the Drug Controller of India to sell a drug under the brand name BTXA, where the dispute between both companies originated.
A spokesperson for Intas Pharmaceuticals said in a statement, “Allergan had challenged the order of the Delhi High Court before the Division Bench, and both parties have amicably resolved the dispute on the terms that Intas can continue to use BTXA for its product but will not use the trademark Botox or BTX-A.”
Originally published here