The Bombay High Court has restrained Cipla from using the trade mark of 'Valcept' for its anti viral drug – valganciclovir HCl, following a trade mark infringement suit filed by Syntex Pharm AG, for its major immunosuppressant drug, Cellcept. Cellcept is marketed in India by Hoffman-La Roche.

The High Court in its recent judgement on a petition moved by Syntex Pharm AG against Cipla Ltd and Syntex USA LLC, stayed usage of trade mark of Valcept finding that it has phonetic similarity with the trade mark of Syntex Pharma AG's Cellcept, according to a report. Allowing the company to sell the product using the contentious trademark would be disastrous, opined the court, according to a report from a patent related firm.

The prima facie evidence was held to be in favour of the petitioner, opined the court. “This will only have a marginal impact on Cipla subject to exercise of options available to the company,” said Mumbai-based patent expert, Gopakumar G Nair.

Cipla, now has a few options left open including appealing to the Supreme Court or discontinuing usage of the trade mark. In case if the stay comes as an interim order, for which the chances are less since the case is pending for a long period, the company also have an option to wait for the final order, said another patent expert who spoke on condition of anonymity.

Syntex Pharma alleged that the trade mark Valcept is similar to its trade mark Cellcept phonetically, visually and structurally and leaves chances for administration of the former by patients instead of the immunosuppressant are higher. Cipla, in its affidavit, maintained that the chances of confusion is rare, as both the drugs are dispensed upon prescription and the product does not breach the rights of Cellcept.

Earlier, in 2008, the Bombay High Court had held a verdict restraining Cipla from using the trademark Valcept in a suit filed by Hoffman-La Roche over valganciclovir, for which the latter has a patented brand.