Bombay High Court Temporarily Bars Delhi Hospital From Infringing 'SAIFEE HOSPITAL' Mark

The Bombay High Court has recently granted ad-interim relief to Saifee Hospital Trust, restraining a Delhi-based company from infringing its registered trademark “SAIFEE HOSPITAL” after finding that the rival mark “SAIFI HOSPITAL” is “visually, structurally and phonetically deceptively similar”.

In an order dated February 10, Justice Sharmila U. Deshmukh observed that the defendant company, Saifi Hospital Private Limited, was offering similar medical services under the impugned mark even though the trust is the registered proprietor of the word mark.

“Prima facie there cannot be any debate that the Defendant's mark 'SAIFI HOSPITAL' is visually, structurally and phonetically deceptively similar to the Plaintiff's 'SAIFEE HOSPITAL' mark,” the court said.

The court further observed that since both parties operate in the healthcare sector, the defendant was “deemed to be prima facie aware of the existence” of the Mumbai-based trust, which has been operating in the field since 2005.

The Saifee Hospital Trust, a public charitable trust registered under the Maharashtra Public Trusts Act, operates a multi-speciality tertiary care hospital at Maharishi Karve Marg in Mumbai and is the registered proprietor of the word mark “SAIFEE HOSPITAL” in Class 44.

Counsel for the trust submitted that the hospital traces its origins to around 1948, when a hospital was first established under the guidance of the spiritual head of the Dawoodi Bohra community. The redeveloped hospital was formally inaugurated on June 4, 2005.

The trust told the court that the hospital treats more than 1,08,000 out-patients annually and that its patients come from across the country.

According to the trust, the alleged infringement came to light in November 2025 when one of its trustees was congratulated on the opening of a new branch in New Delhi. An online search subsequently revealed a website using the domain name “saifihospitals.com” as well as an Instagram page named "saifihospitalofficial."

The trust submitted that the defendant company was incorporated on July 2, 2024, and operates a hospital under the name “Saifi Hospital”. It also pointed out that the defendant's website claims that it has treated more than 1,000 patients “over the years”.

Counsel for the trust further argued that although the directors of the defendant company bear the surname “Saifi”, the company could not rely on this to justify using the mark as part of its corporate name.

Referring to precedent, the court observed that the defence under the Trade Marks Act allowing the use of a personal name “does not apply to artificial person like incorporated company”.

The court further noted that the defendant was using the mark as part of its corporate name and therefore the “prima facie defense of Section 35 of Trade Marks Act, 1999 would not be available”.

It also observed that the description of the defendant's experience on its website “prima facie makes it evident that they are attempting to establish an association with the [plaintiff] by mentioning its experience being over the years,” even though official records show that the company was incorporated only in 2024.

Finding that a prima facie case had been made out, the court granted ad-interim relief restraining the company and its associates from infringing the trust's registered trademark.

The interim protection will continue until the next hearing on March 16, 2026.