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EquityWireCalpol Trademark: HC declares GlaxoSmithKline Pharma's 'Calpol' as well-known trademark
Calpol Trademark

HC declares GlaxoSmithKline Pharma's 'Calpol' as well-known trademark

This story was originally published at 11:53 IST on 18 May 2026
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Informist, Monday, May 18, 2026

 

--HC declares GlaxoSmithKline Pharma's 'Calpol' as well-known trademark 

 

NEW DELHI – The Delhi High Court has declared GlaxoSmithKline Pharmaceuticals Ltd.'s 'Calpol' as a well-known trademark under the Trade Marks Act, 1999. Calpol is used for the treatment of mild-to-moderate pain, common cold, headache and fever.

 

The high court said GlaxoSmithKline's Calpol has acquired extensive recognition and association within the relevant section of the public in the concerned industry with respect to pharmaceutical and medicinal products in its long journey of over 35 years commencing from the year 1991. GlaxoSmithKline has achieved several milestones over these years in the form of awards and accolades, said the court.

 

The turnover of GlaxoSmithKline's Calpol has shown an exponential increase with sales exceeding INR 3 billion in the year 2024 alone and number of pack units sold exceeding 200 million, the court noted. In a recent press release in April in the UK, Calpol is shown as one amongst the public's top 10 iconic British trademarks, said the court.  

 

Justice Jyoti Singh said GlaxoSmithKline's long standing reputation and extensive, continuous and uninterrupted use of the mark Calpol across India reflects its significant commercial presence and recognition and is testament of its distinctiveness in the field of medicine and pharmaceutical products, both for adults and children. "Having considered the material placed on record by the plaintiff, I am of the considered view, that trademark Calpol satisfies the criteria and parameters set out in Sections 11(6) and (7) of the 1999 Act for declaring it a well-known trademark for medicinal and pharmaceutical products," said Justice Singh.

 

A well-known trademark plea is necessary in India to secure cross-class protection. Standard trademarks only protect you within the specific category of goods you sell, but a well-known status prevents third parties from registering your mark for any other product or service, protecting you from infringement and brand dilution.

 

The high court was hearing a permanent injunction suit by GlaxoSmithKline seeking to bar Walter Healthcare Pvt. Ltd. from manufacturing, selling medicinal or pharmaceutical products bearing the name Walpol, which was deceptively similar to plaintiff's Calpol. Earlier, the high court decreed the suit in favour of GlaxoSmithKline and gave an injunction against Walter Healthcare. However, in its plea, GlaxoSmithKline also sought its mark to be declared as a well-known trademark for higher protection.

 

At 1130 IST, the shares of GlaxoSmithKline Pharmaceuticals Ltd. were down 2.2% at INR 2,386.20 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 Vandana Hingorani

 

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