Delhi High Court Rules in Trademark Dispute

The Delhi High Court has ordered the removal of the 'Activepushpa' trademark, citing its deceptive similarity to the pre-existing 'Hempushpa' mark used by a Delhi-based ayurvedic medicine manufacturer. The ruling highlights the importance of distinctiveness in branding within the pharmaceutical industry.

The Delhi High Court has ruled that the trademark 'Activepushpa' must be removed due to its similarity with the existing 'Hempushpa' mark. The decision came after a petition filed by Rajvaidya Shital Prasad and sons, claiming prior usage and registration of 'Hempushpa'.

Justice Tejas Karia, addressing the case under the Trademark Act, found that 'Activepushpa', owned by Karna Goomar and associates, deceitfully resembles the 'Hempushpa' mark, both phonetically and visually. This ruling emphasizes the need for distinctiveness in trademark registrations to avoid consumer confusion.

The court emphasized that 'Activepushpa's' resemblance to 'Hempushpa' could cause consumer deception regarding product origins. As a result, the trademark is ordered to be expunged from the registry, reinforcing the judicial stance on protecting established brands in the ayurvedic medicine sector.

(With inputs from agencies.)