Who owns the mark? Prior user vs. the first-to-file registrant
www.asiaiplaw.com/article/who-owns-the-mark-prior-user-vs-the-first-to-file-registrant
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Since Natrapharm is a registrant in good faith, and Zuneca is a prior user in good faith protected by Section 159.1 of the IP Code, the ZYNAPS mark of Zuneca and ZYNAPSE mark of Natrapharm will co-exist, notwithstanding that they are confusingly similar, to the possible detriment of the consumers. The drugs are directed towards different ailments and have different composition, and the possibility of medical switching, whether deliberate or by inadvertence, can occur, resulting in injury to the patient.
Recognizing, however, the possibility that medical switching could arise, the Supreme Court ordered the parties to indicate on their respective packaging, in plain language understandable by people without medical background or training, the medical conditions that each drug is supposed to treat, and a warning what each drug is not supposed to treat,
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