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Informist, Thursday, Dec. 11, 2025

 

NEW DELHI – In a relief for Dabur India Ltd., the Delhi High Court has stayed the effect of registration of the "Welford Pudin Hara" trademark granted to Wellford Pharmaceutical Pvt. Ltd. till the next hearing on Mar. 17, 2026. Dabur India had filed a plea in the court, arguing that the trademark granted to Wellford Pharma by the trademarks registrar is similar to its registered "Pudin Hara" trademark.

 

"Pudin Hara", an Ayurvedic remedy with mint, is primarily used for quick relief from common stomach issues like gas, indigestion, acidity, bloating, flatulence, and stomach aches, providing a cooling effect and soothing digestive discomfort for adults and children.

 

Further, Wellford Pharmaceutical is restrained from transferring or creating any third-party rights in respect of the registration of the "Welford Pudin Hara" trademark. The high court said it was evident that Dabur India has raised substantial challenges to the registration of "Welford Pudin Hara" trademark on the grounds of dishonesty and subsequent adoption. "Welford Pudin Hara" trademark completely subsumes Dabur India's trademark, thereby creating likelihood of confusion and deception in the trade and among consumers, said the court.

 

The adoption of the trademark by Wellford Pharmaceutical prima facie appears to be with mala fide intent to capitalise on Dabur India's established goodwill and reputation, said the court. Therefore, allowing "Welford Pudin Hara" trademark registration to operate during the pendency of Dabur's petition would cause grave prejudice to the petitioner, said the court.

 

"Hence, the registration granted in favour of the Respondent No. 1 (Wellford Pharmaceutical) is prima facie violative of provision of Section 9(2)(a) and Section 11 of the Trade Marks Act, 1999. Balance of convenience is in favour of the petitioner and against the Respondent No. 1. Irreparable harm will be caused to the petitioner, if the operation of the impugned mark is not stayed during the pendency of this petition," said Justice Tejas Karia.

 

"Pudin Hara" is a coined mark used by the company since 1930 and supported by a trademark application in 1979, said Dabur India. The "Pudin Hara" mark is solely associated with the petitioner and any competing registration would confuse consumers, said Dabur India. "Pudin Hara" is consumed both by children and adults and confusion will hamper public health of citizens, the petitioner added.

 

Wellford Pharma has lifted the "Pudin Hara" name and merely added "Wellford" to exploit Dabur India's goodwill, said the petitioner. Since Wellford Pharma is also engaged in pharmaceutical products, it is impossible that the company was not aware of Dabur India's "Pudin Hara" trademark, said the petitioner.

 

Dabur India argued that Wellford Pharma had filed a trademark registration on proposed-to-be-used basis in 2022, which was given to them in 2023. Dabur India said the company was the prior registered user and sought removal of Wellford's trademark as identical marks in an identical class would inevitably result in confusion.

 

At 1416 IST, shares of Dabur India were 0.2% down at INR 501.35 on the National Stock Exchange.  End

 

IST, or Indian Standard Time, is five-and-a-half hours ahead of GMT

 

Reported by Surya Tripathi

Edited by Tanima Banerjee

 

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