Trademark clash over ‘Pudin Hara’ lands in Delhi HC as Dabur challenges rival’s registration

Dabur India has taken its long-running digestive brand Pudin Hara to court once again, this time challenging another pharmaceutical company’s attempt to use the name as part of its own trademark. The Delhi High Court on Tuesday considered Dabur’s petition seeking cancellation of the trademark “Welford Pudin Hara,” a registration granted to Wellford Pharma in 2023.

The matter was heard by Justice Tejas Karia, who has reserved orders on Dabur’s request for interim relief. The petition was filed through a team from Ashwathh Legal.

Dabur argues ‘Pudin Hara’ is a coined and exclusive mark

During the hearing, Dabur maintained that Pudin Hara is not a descriptive expression but a coined Ayurvedic brand name that has been associated solely with the company for nearly a century. Its counsel pointed out that Dabur has been selling products under the name since 1930 and holds a 1979 registration for the mark.

The company told the court that it owns 27 out of 29 trademarks in India containing the words Pudin Hara, a statistic it said reflects the brand’s well-established identity. According to Dabur, Wellford Pharma’s adoption of the term amounts to imitation rather than independent creation.

Dabur further alleged that the competitor had “lifted” its mark in full and merely added the prefix “Wellford,” a move the company claims is intended to ride on its goodwill. Since Wellford also operates in the pharmaceutical space, Dabur argued it was implausible that the firm was unaware of its decades-old brand.

Concerns over consumer confusion and public health

The FMCG major warned that similarity in medicinal product names could mislead consumers, including children, who are among Pudin Hara’s primary users. Confusion, Dabur argued, could not only dilute its brand identity but also compromise public health if buyers mistake one product for another.

Dabur told the court that Wellford’s registration was obtained on a proposed-to-be-used basis and claimed it had found no evidence that the rival has begun selling any product under the impugned name.

Alongside the cancellation plea, the company has sought an interim order preventing Wellford Pharma from exploiting or transferring the contested trademark until the dispute is resolved.

What Dabur wants from the court

Dabur has urged the High Court to strike Wellford’s mark off the register, arguing that allowing nearly identical names in the same class of medicinal goods defeats the purpose of trademark protection.