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BEVATAS vs BEVETEX : Delhi High Court Trademark Judgment 2026

JUDGMENT / CASE LAW

BEVATAS vs BEVETEX: Delhi High Court on Pharmaceutical Trademark Similarity

Delhi High Court Division Bench examines deceptive similarity, likelihood of confusion, publici juris elements and the application of pharmaceutical trademark principles.

Judgment Date
29 May 2026
Court
Delhi High Court
Appeal
RFA(OS)(COMM) 10/2026

Case at a Glance

Case
Intas Pharmaceuticals Limited v. Sun Pharma Laboratories Limited
Appeal No.
RFA(OS)(COMM) 10/2026
Impugned Judgment
28 March 2026
Division Bench Judgment
29 May 2026
Appellant
Intas Pharmaceuticals Limited
Respondent
Sun Pharma Laboratories Limited
Marks in Dispute
BEVATAS vs BEVETEX
Subject
Pharmaceutical Trademark Infringement

Introduction

The Delhi High Court Division Bench, in its judgment dated 29 May 2026, considered an important dispute concerning the pharmaceutical trademarks BEVATAS and BEVETEX.

The dispute involved allegations of trademark infringement and deceptive similarity in relation to pharmaceutical products used in the treatment of cancer.

The Court examined the competing marks along with the nature, composition, therapeutic indications, mode of administration and the relevant class of consumers.

Background of the Dispute

Sun Pharma Laboratories Limited claimed rights in the registered trademark BEVETEX.

Intas Pharmaceuticals Limited adopted and used the trademark BEVATAS for a pharmaceutical product containing Bevacizumab.

Sun Pharma alleged that BEVATAS was deceptively similar to BEVETEX and infringed its registered trademark. Intas disputed the allegation and maintained that the competing marks were sufficiently different when considered as a whole and in their relevant commercial context.

The Two Marks

Sun Pharma
BEVETEX
Product containing Paclitaxel
VS
Intas Pharmaceuticals
BEVATAS
Product containing Bevacizumab

Procedural History

2016

BEVATAS

Intas adopted/launched the mark BEVATAS for its pharmaceutical product.

27 December 2016

Opposition

Sun Pharma filed opposition to the BEVATAS trademark application.

21 December 2017

Infringement Proceedings

Sun Pharma instituted proceedings concerning the use of BEVATAS.

17 September 2018

Interim Stage

The Trial Court declined to grant an interim injunction.

9 January 2020

Appellate Proceedings

The interim decision was upheld by the Delhi High Court.

14 February 2020

Supreme Court

The SLP arising from the interim proceedings was dismissed.

28 March 2026

Single Judge Judgment

The Single Judge passed a final judgment in favour of Sun Pharma and granted a permanent injunction against the use of BEVATAS.

29 May 2026

Division Bench Judgment

The Division Bench allowed Intas' appeal and set aside the impugned judgment.

Issue Before the Division Bench

Whether the use of the trademark BEVATAS by Intas Pharmaceuticals Limited amounted to infringement of Sun Pharma's registered trademark BEVETEX on the ground of deceptive similarity and likelihood of confusion?

What Did the Court Examine?

01

Visual Similarity

Whether the competing marks created a similar visual impression.

02

Phonetic Similarity

Whether the marks sounded similar when pronounced.

03

Structural Similarity

Whether the overall structure of the competing marks was similar.

04

Nature of Drugs

Composition, therapeutic indications and characteristics of the products.

05

Mode of Administration

The manner in which the medicines were prescribed and administered.

06

Likelihood of Confusion

Whether sufficient evidence established a likelihood of confusion.

Difference Between the Pharmaceutical Products

BEVETEX

  • Active ingredient: Paclitaxel
  • Anti-cancer pharmaceutical product
  • Different therapeutic indications

BEVATAS

  • Active ingredient: Bevacizumab
  • Anti-cancer pharmaceutical product
  • Different therapeutic indications

Court's Finding on Similarity

BEVATAS
≠
BEVETEX

The Division Bench found that the rival marks, when considered as a whole, were not sufficiently similar visually, structurally or phonetically so as to establish trademark infringement.

“BEV” and “BEVA” — Publici Juris

An important aspect of the judgment concerned the common elements “BEV” and “BEVA”.

The Division Bench considered the argument that these elements were associated with pharmaceutical products containing Bevacizumab.

The Court treated “BEV” and “BEVA” as publici juris in the relevant context of anti-cancer drugs containing Bevacizumab.

Therefore, the assessment of similarity could not be based merely on the presence of these common elements. The distinctive features and the overall impression created by the competing marks were required to be considered.

Likelihood of Confusion

The Court also examined whether Sun Pharma had established a likelihood of confusion among the relevant class of persons.

The relevant circumstances included the involvement of medical professionals, including oncologists, pharmacists and trained medical personnel, as well as the circumstances in which the medicines were prescribed and administered.

The Division Bench found that the evidence placed on record was not sufficient to establish the requisite likelihood of confusion.

Application of the Cadila Principles

Pharmaceutical trademark disputes require particular caution because confusion between medicines may have serious consequences.

The principles laid down by the Supreme Court in Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd. remain an important reference point in pharmaceutical trademark disputes.

The BEVATAS–BEVETEX judgment demonstrates that the application of these principles remains dependent upon the facts and evidence of each individual case. The Court examined the marks together with the nature of the medicines, their therapeutic characteristics, prescribing practices and the relevant consumer context.

FINAL ORDER

Appeal Allowed

The Division Bench allowed the appeal filed by Intas Pharmaceuticals Limited and set aside the impugned judgment of the Single Judge.

The Court held that the use of BEVATAS did not amount to infringement of the registered trademark BEVETEX on the facts of the case.

Consequently, the suit was dismissed.

Key Legal Takeaways

1

Pharmaceutical trademarks must be assessed in their complete commercial and therapeutic context.

2

A common prefix or element does not automatically establish deceptive similarity.

3

The distinctiveness of a common pharmaceutical element is relevant while determining the scope of trademark protection.

4

Composition, therapeutic indications, mode of administration and prescribing practices may be relevant to likelihood of confusion.

5

The relevant consumer and the actual prescribing and purchasing environment may play an important role.

6

Allegations of likelihood of confusion should be supported by appropriate evidence.

Why This Judgment Matters

The BEVATAS–BEVETEX dispute is noteworthy because the litigation passed through different stages where the assessment of the competing marks evolved from the interim stage to the final trial judgment and thereafter to appellate scrutiny.

The Division Bench's decision provides a useful illustration of the importance of evidence and contextual analysis in pharmaceutical trademark litigation.

Case Summary

Case Intas Pharmaceuticals Limited v. Sun Pharma Laboratories Limited
Appeal RFA(OS)(COMM) 10/2026
Court High Court of Delhi
Judgment Date 29 May 2026
Impugned Judgment 28 March 2026
Marks BEVATAS vs BEVETEX
Subject Trademark Infringement / Deceptive Similarity
Result Appeal Allowed; Impugned Judgment Set Aside
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This article is based on the judgment of the Delhi High Court and is intended for informational and educational purposes.