Trademark Protection For Common Names Like ‘NEHA’ Depends On Distinctiveness: Delhi High Court
In a significant ruling, the Delhi High Court has held that common Indian names such as "NEHA" can be registered and protected as trademarks under the Trade Marks Act, 1999, but only if the name has acquired secondary meaning through long-standing commercial use. The ruling came in a trademark dispute between Sahni Cosmetics (plaintiff) and Neha Herbals (defendant), both using the mark "NEHA" for different cosmetic products. Justice Sanjeev Narula…
