The likelihood of confusion and prior established rights justify staying the registration of a trademark.

ORDER

% 09.12.2025 I.A. 30712/2025 (Exemption)

1. Exemption is allowed, subject to all just exceptions.

2. The Application stands disposed of.

I.A. 30713/2025 (Extension of time to file Court Fees)

3. The present Application has been filed by the Petitioner under Section 149 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”), seeking exemption from payment of Court Fees at the time of the filing of the Suit.

4. Considering the submissions made in the present Application, time of two weeks is granted to deposit the Court Fees.

5. The Application stands disposed of.

C.O. (COMM.IPD-TM) 271/2025

6. This is a Petition under Section 57 of the Trade Marks Act , 1999, for removal of the Trade Mark ‘WELLFORD PUDIN HARA’ (“Impugned Mark”) bearing Registration No. 5509160 in Class 5 (“Impugned Registration”) from the Register of the Trade Marks.

7. Issue Notice. The learned Counsel for Respondent No. 2 accepts Notice. Let the Notice be served upon Respondent No. 1 through all permissible modes.

8. Let the Reply be filed within a period of four weeks from date.

Rejoinder thereto, if any, be filed within a period of four weeks thereafter.

9. List on 17.03.2026 I.A. 30711/2025 (U/O XI R 1(4) of the CPC)

10. ThepresentApplicationhasbeenfiledonbehalfofthePetitionerunder Order XI Rule 1(4) of the CPC as amended by the Commercial Courts Act, 2015 (“CC Act”) read with Section 151 of the CPC, seeking leave to place on record additional documents.

11. The Petitioner is permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018.

12. Accordingly, the Application stands disposed of.

I.A. 30710/2025 (Stay)

13. This is an Application filed under Order XXXIX Rules 1 and 2 read with Section 151 of the CPC for granting stay of the effect of the Impugned Registration.

14. Issue Notice. The learned Counsel for Respondent No. 2 accepts Notice. Let the Notice be served upon Respondent No. 1 through all permissible modes.

15. The learned Counsel for the Petitioner has made the following submissions:

15.1. The Petitioner, Dabur India Limited, was incorporated in 1884, and is involved in the Trade of a wide range of wellness / healthcare products under the Mark, ‘DABUR’. The Petitioner adopted the Mark, ‘PUDIN HARA’ (“Petitioner’s Mark”) in 1930 for Ayurvedic products and has been continuously using the Petitioner’s Mark since then with respect to medicinal, pharmaceutical and other digestive care products. The Petitioner filed it’s first Application for the registration of the Petitioner’s Mark in 1979 in respect of medicinal, pharmaceutical and other digestive care products falling under Class 5, with a user claim dating back to 01.01.1930. The details of the registration of the Petitioner’s Mark are as under:

15.2. A bare perusal of the Trade Mark Register for the word Mark ‘PUDINHARA’ reveals29registrations,outofwhich27belong to the Petitioner. This demonstrates the Petitioner’s consistent efforts to secure and maintain its statutory rights over the Petitioner’s Mark.

15.3. As a result of long and continuous use of the Petitioner’s Mark, the Petitioner’s Mark has become extremely popular and much in demand amongst the members of trade and consumers at large in India. The Petitioner has become synonymous with excellent quality and is widely recognized in the market today. Furthermore, the Petitioner’s Mark possesses formidable goodwill and reputation in the market, trade and amongst consumers which is evident from the statement of sales as well as promotional expenses which are reproduced hereunder:

15.4. Upon perusing the register of Trade Marks, the Pe