Descriptive Marks Not Protectable: Delhi HC on “A TO Z” Trademark

The Delhi High Court has held that English alphabets cannot be monopolised under trademark law. The Court refused to grant interim protection to the trademark “A TO Z” claimed by pharmaceutical company Alkem Laboratories Limited.

Justice Tejas Karia observed that the expression “A TO Z” is descriptive in nature and is commonly used to indicate completeness or comprehensiveness. Because of this descriptive character, Alkem cannot claim exclusive rights over the letters “A” and “Z”.

The dispute arose after Alkem filed a suit against Prevego Healthcare and Research Pvt Ltd, objecting to the use of the mark “Multivein AZ” for multivitamin products. Alkem argued that the use of “AZ” infringed its well-known brands “A to Z” and “A to Z-NS”, which it claimed to have used since 1998.

Prevego, however, argued that “A to Z” is a generic phrase and lacks distinctiveness. It also pointed out that its product name “Multivein AZ” is different in appearance, sound, and overall impression, with “Multivein” being the dominant part of the mark. Prevego further highlighted that Alkem does not have a registered word mark for “A to Z” in Class 5, which covers pharmaceutical products.

Agreeing with Prevego, the Court said that trademarks must be compared as a whole and not by splitting them into parts. The addition of the word “Multivein” was found to significantly change the overall identity of the defendant’s mark, reducing any chance of consumer confusion.

The Court also criticised Alkem for not disclosing earlier trademark applications for “A to Z” in Class 5 that were withdrawn, abandoned, or opposed. This lack of disclosure, the Court said, disentitled Alkem from seeking equitable relief. Claims of copyright infringement were also rejected.

As a result, Justice Karia vacated the earlier ex parte injunction and allowed Prevego to continue selling its product under the “Multivein AZ” mark.