By: Mr. Ram Prakash Yadav & Adv. Nikhil Prayag Singh
The Delhi High Court’s recent decision to cancel the “ACTIVEPUSHPA” trademark has once again highlighted the importance of trademark registration and proper brand protection in India. The case involved an Ayurvedic brand dispute where the court found that the mark “ACTIVEPUSHPA” was deceptively similar to the earlier registered trademark “HEMPUSHPA”. This judgment serves as a strong reminder for businesses, startups, and entrepreneurs about the risks of adopting similar brand names without conducting proper due diligence.
In today’s competitive market, especially in sectors like Ayurveda, FMCG, and wellness, securing trademark registration is not just a legal formality but a business necessity.
Background of the ACTIVEPUSHPA vs HEMPUSHPA Case
The dispute arose when the proprietor of the Ayurvedic brand “HEMPUSHPA” challenged the registration of the mark “ACTIVEPUSHPA”. Both trademarks were used for similar categories of Ayurvedic and health-related products. The petitioner argued that the use of the word “PUSHPA” and the overall phonetic and visual similarity could confuse consumers.
After examining the evidence, the Delhi High Court concluded that “ACTIVEPUSHPA” was deceptively similar to “HEMPUSHPA” and therefore liable to be cancelled. The court emphasized that consumer confusion is a key factor in trademark infringement cases under Indian trademark law.
Why the Court Cancelled the ACTIVEPUSHPA Trademark
The Delhi High Court relied on well-established principles of trademark law, including:
- Phonetic similarity between the two marks
- Nature of goods, as both brands operated in the Ayurvedic segment
- Likelihood of consumer confusion
- Prior adoption and registration of the “HEMPUSHPA” trademark
The judgment reinforces that even slight similarities can be enough to invalidate a trademark if they mislead consumers. This is precisely why businesses should opt for trademark registration only after a thorough trademark search.
Legal Significance of the Judgment
This ruling is significant because it reinforces the rights of prior trademark owners and strengthens the enforcement of brand protection laws in India. It also highlights that trademark registration alone is not sufficient—brands must ensure their marks are distinctive and not deceptively similar to existing trademarks.
For businesses offering Ayurvedic, pharmaceutical, or wellness products, this case sets a clear precedent: choosing a unique brand name and securing trademark registration at the right time can prevent costly litigation.
Lessons for Businesses and Startups
The ACTIVEPUSHPA case offers several key lessons:
1. Importance of Trademark Search
Before applying for trademark registration , a comprehensive trademark search must be conducted to identify similar or conflicting marks.
2. Choose a Distinctive Brand Name
Generic or commonly used terms increase the risk of rejection or cancellation. A strong and unique brand name improves the success of brand registration.
3. Register Early
Delays in trademark registration can weaken legal protection. Early trademark registration ensures priority rights over the mark.
4. Monitor Competing Marks
Businesses should actively monitor trademark filings to oppose similar marks at an early stage.
Role of Trademark Registration Online in Brand Protection
With the availability of trademark registration online, businesses can now protect their brands more efficiently. Online filing simplifies the process, reduces errors, and ensures transparency. Professional trademark registration services help businesses manage searches, filings, objections, and oppositions effectively.
Similarly, trademark register records play a crucial role in determining ownership and priority. Regularly checking the trademark register can help businesses avoid conflicts like the ACTIVEPUSHPA dispute.
Why Professional Trademark Registration Services Matter
While online filing is convenient, expert trademark registration services add immense value. Professionals ensure accurate classification, proper documentation, and timely responses to objections or oppositions. This reduces the risk of cancellation and strengthens long-term brand protection.
In addition, professional support for brand registration helps businesses align their branding strategy with legal compliance, preventing future disputes.
Conclusion
The Delhi High Court’s decision to cancel the “ACTIVEPUSHPA” trademark for similarity with “HEMPUSHPA” is a clear warning to businesses about the consequences of ignoring trademark laws. This case reinforces the importance of conducting proper searches, choosing distinctive brand names, and securing trademark registration through reliable channels.
Investing in expert trademark registration and keeping a strong presence on the trademark register are crucial for companies seeking to safeguard their intellectual property. A strong brand is not only advantageous but also essential in a cutthroat market.