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By Adv. Divyanshu Yadav and Adv. Shreya Gaur
Trademark filing in India plays a crucial role in protecting brand identity, but not every word or expression qualifies for exclusive ownership. A recent judgment by the Madras High Court in the Vicks ‘Vapo’ trademark dispute clearly highlights this principle and serves as an important lesson for businesses, startups, and brand owners.
In this case, the court ruled that “Vapo” is a generic term and therefore cannot be monopolized by a single company, even a globally recognized brand like Vicks. This decision reinforces the importance of understanding trademark law before applying for trademark registration in India.
Understanding the ‘Vapo’ Trademark Dispute
Vicks, a well-known pharmaceutical brand, claimed exclusive rights over the term “Vapo,” arguing that it was associated with its products such as Vicks VapoRub. However, the Madras High Court rejected this claim, stating that the word “Vapo” is derived from “vapour” and is commonly used to describe the nature or function of products related to inhalation and relief from congestion.
Since the term is descriptive and generic, it cannot be granted exclusive trademark protection. This judgment aligns with established trademark principles under Indian law, which prevent generic or descriptive terms from being monopolized.
Why Generic Terms Cannot Be Trademarked
Under trademark filing in India, a mark must be distinctive to qualify for protection. Generic words are commonly used in trade or describe a category of products or services. Allowing one company to own such terms would unfairly restrict competition.
The court emphasized that even if a brand is popular, popularity alone does not convert a generic word into a registrable trademark. This is a vital takeaway for businesses planning to invest in trademark registration in India.
Key Lessons for Businesses and Startups
This case offers several practical insights:
- Always evaluate whether your brand name is distinctive or descriptive
- Generic terms face a high risk of objection during the trademark registration process
- Legal due diligence before trademark filing in India can save time and cost
- Relying solely on brand reputation is not enough for trademark protection
For startups especially, choosing a unique and creative brand name increases the chances of successful registration and long-term enforceability.
Trademark Filing in India: What You Should Know
Trademark filing in India involves more than just the submission of an application. Strategic planning and legal understanding are required before proceeding with the filing. Prior to filing, a proper trademark search should be conducted to ensure that the proposed mark is not generic, descriptive, or already in use by another entity.
During the trademark registration process, applications are examined by the Trademark Registry under both absolute and relative grounds. Generic terms are frequently rejected under absolute grounds, as demonstrated in the ‘Vapo’ case, where exclusive rights were denied due to the generic nature of the term.
Trademark Registration Process in India (Brief Overview)
The trademark registration process in India generally includes:
- Trademark Search – Identifying conflicts or generic usage
- Trademark Application Filing – Filing under appropriate class
- Examination by Registry – Objections may be raised
- Reply to Examination Report – Legal justification required
- Publication in Trademark Journal – For public opposition
- Registration Certificate Issued – If no opposition arises
Understanding each step helps applicants avoid common mistakes during trademark filing in India.
Importance of Professional Guidance
Cases like the Vicks ‘Vapo’ dispute show why professional assistance is crucial. An experienced trademark expert can assess the registrability of a mark, handle objections, and guide businesses through the trademark registration process in India effectively.
Without proper guidance, businesses may invest heavily in branding only to discover later that their mark cannot be legally protected.
Conclusion
The Madras High Court’s ruling that “Vapo” is a generic term reinforces a fundamental rule of trademark law: generic words cannot be owned exclusively. For businesses, this decision highlights the importance of making informed choices during trademark filing in India.
Whether you are a startup or an established company, understanding trademark eligibility, conducting proper searches, and following the correct trademark registration process in India are essential steps to secure your brand’s future.