Bombay High Court Restrains 'ACERIL' Trademark For Phonetic Similarity With Glenmark's 'ASCORIL'

The Bombay High Court on 16 February granted ad-interim relief to Glenmark Pharmaceuticals Ltd, temporarily restraining the use of the trademark “ACERIL” by Venkata Subbarao, after finding it visually and phonetically similar to Glenmark's registered mark “ASCORIL.”

Justice Sharmila U. Deshmukh observed that although the two medicinal products treat different ailments, the similarity between the marks, if not restrained, could have a disastrous effect. She wrote:

“Prima facie the visual and phonetical similarity, if not restrained, would lead to disastrous effect.”

Glenmark's counsel submitted that the company's product treats cough, cold, and chest congestion, while the rival's product is intended for pain and inflammation. Relying on Supreme Court precedent, they argued that in the case of medicinal preparations, even a slight possibility of confusion must be prevented.

The counsel further highlighted that the company conceived and adopted the “ASCORIL” trademark in 1978 and has secured multiple registrations since then. To demonstrate long-term use, Glenmark presented invoices dating back to 1986 and advertisements in medicinal journals from 2000.

The Court found the defendant's claim of using “ACERIL” since August 2009 to be unsubstantiated, as the only evidence produced was an invoice from November 2019.

It also noted that the defendant had altered Glenmark's mark by deleting the vowel “O” and consonant “S” and replacing them with the alphabet “E,” but this did not eliminate the phonetic resemblance to “ASCORIL”.

Accordingly, the Court refused to grant an adjournment in the case, noting that the defendants had been served with a legal notice on 23 January 2026. The ad-interim injunction will remain in force until the next hearing, scheduled for 23 March 2026.

For Glenmark: Advocates Mahesh Mahadgut, Kalyani R. Paunikar and Kaivalya Shetye