In India, the law governing the trade marks is embodied in the Indian Trade Marks Act, 1999 (hereinafter referred to as “ the Act ”). Two of the imperative provisions for brand owners are Section 27- which deals with the common law remedy of passing off- and Section 29- which deals with statutory infringement action of trade marks that are registered. While the two concepts, infringement and passing off, may be overlapping, they both, however, serve distinct but complementar

In the case of Alkem Laboratories Limited v. Prevego Healthcare and Research Private Limited, [1] the Delhi High Court, delivered a significant judgment on January 17, 2026, revisiting the scope of trade mark protection over common alphabetic expressions in the pharmaceutical industry.   The Plaintiff, Alkem Laboratories Limited , a pharmaceutical manufacturer, claimed use of the marks and in respect of multivitamin and nutraceutical preparations since the year 1998 and 2008