The Delhi High Court has cancelled the ‘Activepushpa’ trademark, holding it deceptively similar to the earlier registered ‘Hempushpa’ mark. The court ruled that the mark was dishonestly adopted and could confuse consumers of ayurvedic medicines.
New Delhi: The Delhi High Court has ordered the removal of the trademark “Activepushpa” from the official register of trademarks in the category of pharmaceutical and medicinal products. The court held that the mark is deceptively similar to an already registered trademark, “Hempushpa”, and could mislead consumers.
The order was passed by Justice Tejas Karia while hearing a petition filed under the Trademark Act by Delhi-based ayurvedic medicine manufacturer Rajvaidya Shital Prasad and Sons.
The petitioner stated that they are the prior registered users of the trademark “Hempushpa” and alleged that another company had dishonestly adopted a similar name.
The petition argued that both parties are involved in the same line of business. It stated,
“Respondent 1 (Karna Goomar and others, owners of the Activepushpa mark) is engaged in the same/similar business as that of the petitioner (owners of the mark Hempushpa) and engaged in the business of ayurvedic medicine.”
The petitioner further submitted that the adoption of the “Activepushpa” mark was not honest and was clearly intended to take advantage of the existing reputation of the “Hempushpa” brand.
The rectification plea stated,
“Respondent 1 has dishonestly adopted the impugned mark as the same is identical with or deceptively similar to the petitioner’s mark, including phonetically, visually, structurally, in its basic idea, in its essential and prominent features.”
After examining the evidence placed on record, the High Court agreed with the petitioner’s arguments. In an order dated December 24, the court observed that the trademark “Activepushpa” is deceptively similar to “Hempushpa” and is used for the same class of goods, namely ayurvedic and medicinal preparations.
The court found that the similarity between the two marks could easily confuse consumers, especially considering the nature of the products and the target market. The judge noted that the mark “Activepushpa” had not been adopted independently and fairly.
The court clearly held that the mark had been adopted with dishonest intent and observed that the use of “Activepushpa” could mislead customers into believing that it is connected with or originated from the owners of the “Hempushpa” brand.
In its final conclusion, the High Court stated that the continued registration of the impugned trademark would cause confusion and deception among consumers.
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The court said,
“As a result, the impugned mark (Activepushpa) is liable to be rectified and cancelled from the register of trademarks.”
With this order, the Delhi High Court has once again reinforced the importance of protecting prior registered trademarks and preventing dishonest adoption of similar marks in the same business sector, especially in the pharmaceutical and ayurvedic medicine industry where consumer trust is crucial.
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