Bombay High Court

Bombay HC: "Aceclo" Cannot Be Exclusively Owned by Aristo

Updated
Dec 18, 2025 3:04 PM
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Summary: In a recent court case in Mumbai, Aristo Pharmaceutical took Healing Pharma to court over the use of the name "Aceclo." The court ruled in favor of Healing Pharma, stating that "Aceclo" comes from a generic drug name and cannot be exclusively owned by Aristo.

The Case Begins

In the Bombay High Court, Aristo Pharmaceutical Private Limited filed a lawsuit against Healing Pharma India Private Limited. The case was about Aristo's complaint that Healing Pharma was using their trademark "Aceclo" in names like "Acecloheal-MR."

Aristo's Argument

Aristo, represented by Mr. Hiren Kamod and his team, argued that they had registered the name "Aceclo" in 2005 and had been using it since 2003. They claimed that Healing Pharma's use of similar names was confusing people and violating their trademark rights.

"The Plaintiff’s registered trade mark 'ACECLO' is derived from Aceclofenac," said Mr. Kamod.

Healing Pharma's Defense

Healing Pharma, defended by Mr. Atul Singh, argued that "Aceclo" comes from the generic drug name "Aceclofenac," which is public property and cannot be owned by one company. They said their product names were different because they added the word "Heal" to make them unique.

"The Plaintiff cannot claim any ownership rights over generic drug names or parts of them," argued Mr. Singh.

Court's Analysis

Judge Sharmila U. Deshmukh looked into whether "Aceclo" could be owned only by Aristo. It was noted that "Aceclo" is a shortened version of the generic name "Aceclofenac," which is known worldwide and cannot be trademarked.

The Verdict

On November 25, 2025, the court dismissed Aristo's request, allowing Healing Pharma to keep using their product names. The court emphasized that no company can claim exclusive rights over generic drug names.

"The Plaintiff failed to show a clear case for trademark infringement, so the request is dismissed," concluded Judge Deshmukh.

What This Means

This ruling shows how important it is to understand trademark laws, especially when it comes to generic names. Companies need to make sure their trademarks are unique and not based on common drug names to avoid legal issues.