Delhi HC cancels 'Activepushpa' mark, cites deceptive similarity with 'Hempushpa'

New Delhi, Jan 2 (PTI) The Delhi High Court has directed the registrar of trademarks to remove the mark, "Activepushpa", in the class of goods registered as pharmaceutical or medicinal preparations, saying it is deceptively similar to a prior-registered mark, "Hempushpa".

Justice Tejas Karia was hearing a petition filed under the Trademark Act by Delhi-based ayurvedic medicine manufacturer Rajvaidya Shital Prasad and sons, saying they were the prior-registered users of the "Hempushpa" mark and that another mark, "Activepushpa", had dishonestly adopted it.

"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.

"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," the rectification plea had said.

In an order dated December 24, the court, taking note of the evidence before it, said the "Activepushpa" mark was deceptively similar to the petitioner's mark, "Hempushpa", for the same class of goods.

It said the "Activepushpa" mark was "guilty of dishonest adoption" and its use was likely to create confusion or deception in the minds of the consumers regarding the use of the prior-adopted and registered mark, "Hempushpa".

"As a result, the impugned mark (Activepushpa) is liable to be rectified and cancelled from the register of trademarks," the court said. PTI MNR RC