Authority: Madras High Court, Commercial Division
Order Date: 31 July 2026
Case Overview
- Parties: Applicant – M/s HMS Medical Systems, a registered partnership firm engaged in manufacturing physiotherapy and electro‑therapy equipment, represented by counsel Ms. Devi N. Respondents – 1) B Jayamani, 2) M/s Bharat Medical Systems, represented by counsel Mr. Ramesh Ganapathy.
- Dispute: Use of the trade mark “BMS DIGILASER‑PRO” by the respondents allegedly infringing and passing off the applicant’s registered trade mark “HMS DIGILASER”.
- Background: Applicant’s mark “DIGILASER” is registered with the Trade Marks Registry. Respondents have been using “BMS DIGILASER‑PRO” since 2014 and have filed a rectification application seeking cancellation of the applicant’s mark and a registration application for their own mark.
- Arguments: Applicant relied on several Supreme Court judgments asserting infringement where confusion exists. Respondents argued that the prefix “BMS” makes the marks conceptually distinct, that “DIGI” denotes digital technology, and that the products are sold only to professionals, so no public confusion arises.
- Court’s Observations: The court noted that the applicant enjoys a registered mark, but the existence of a pending rectification petition means a final determination on infringement cannot be made at this stage. The court referred to the principle that no confusion implies no infringement.
Final Outcome
- The ad‑interim injunction originally granted on 22 September 2025 is made absolute, but its effect is conditioned on the eventual outcome of the pending rectification application.
- No order as to costs was made.
Topics: Trademark Infringement, Medical Devices