Delhi HC: Inclusion of Mark in Trading Name Alone Isn’t ‘Trademark’

Delhi HC: Inclusion of Mark in Trading Name Alone Isn’t ‘Trademark’

The dispute involved the trademark "NEHA," claimed by both parties for different products. The plaintiffs, Neha Herbals Pvt. Ltd. and Vikas Gupta, used "NEHA" for Mehandi and herbal products since 1992, while the defendant, Sahni Cosmetics, used the mark for face creams since 1990. The plaintiffs sued for trademark infringement and passing off, and the defendant sought cancellation of the plaintiffs’ trademark registrations. The court held that the plaintiffs were the registered proprietors of "NEHA" for Mehandi and herbal products and had proven continuous use since 1994, whereas the defendant failed to substantiate prior use due to lack of credible evidence. The defendant’s challenge to the plaintiffs’ registration was dismissed. However, no infringement was found as the products were functionally dissimilar, despite being in the same class. The plaintiffs also failed to prove passing off or consumer confusion. The suit was not barred by delay, as the plaintiffs acted promptly upon discovering the defendant’s use. Ultimately, the plaintiffs’ suit was dismissed, and the defendant’s cancellation petitions were rejected.