Bombay High Court Restrains Ampra Biobact From Using 'PK-BOR' Fertilizer Mark Similar To 'PK MOR'

The Bombay High Court on 15 October granted ad-interim relief in a trade mark infringement and passing off suit filed by Indian Agro Chem Industries Pvt. Ltd. against Ampra Biobact Private Limited, restraining the latter from using the mark “PK-BOR” for water-soluble fertilizers.

A Bench comprising Justice Madhav J. Jamdar observed:

“The rival marks are clearly phonetically, visually and structurally similar, to the point of being nearly identical. There is an inconsequential difference of one letter, 'B' in place of 'M', in the middle, which hardly makes any difference to the overall impression of the rival marks.”

Indian Agro Chem told the Court that it coined the mark “PK MOR” in March 2022 and had used it since October 2022. It submitted that Ampra Biobact's product had the same P25: K26+B1 composition, targeted the same farmers and moved through the same trade channels.

The Court found the rival goods “clearly of an identical nature”, noting that Indian Agro Chem's registration covered the goods sold by Ampra Biobact. It also considered the nature of the purchasers, observing that fertilizers are sold to farmers and agriculturalists “who may not necessarily be well-versed with names of chemicals or, for that matter, literate”. It held that this circumstance made the use of nearly identical marks particularly deceptive.

Rejecting Ampra Biobact's argument that “PK-BOR” merely described chemical ingredients, Justice Jamdar said a trade mark must be assessed as a whole and according to the impression it creates on a purchaser, rather than the meaning a party attributes to its etymological origin. He added:

“to a purchaser of the goods, 'PK-BOR' does not convey the names of chemicals; it conveys a mark which is nearly identical to 'PK MOR'.”

Finding a strong prima facie case, with the balance of convenience and irreparable injury also favouring Indian Agro Chem, the Bench restrained Ampra Biobact, its directors, agents, distributors and all persons acting on its behalf from using “PK-BOR” or any mark identical or deceptively similar to “PK MOR”, including marks comprising “PK” and/or “MOR” with other words, in relation to the registered and allied goods.

Accordingly, the High Court continued the ad-interim protection until the next hearing on 10 December 2026.