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Informist, Friday, Dec. 26, 2025

 

NEW DELHI – The Delhi High Court has ordered the trademark registry to remove the entry pertaining to Ind-Swift Laboratories Ltd.'s 'Deca-neurophen' trademark registration from the register of trademarks on a plea by Reckitt and Colman Overseas Health Ltd. The petitioner had said that its registered trademark 'Neurofen' was coined by its predecessor in 1981 in relation to pharmaceutical preparations containing 'Ibuprofen' as active ingredient having analgesic, anti-inflammatory, anti-pyretic and antirheumatic properties. Reckitt and Colman Overseas said that Ind-Swift's 'Deca-neurophen' mark was similar to petitioner's 'Neurofen' trademark.

 

The high court said that Reckitt and Colman was the prior user and adopter of the mark with its trademark registration in 1983. Meanwhile, Ind-Swift had applied for the registration of 'Deca-neurophen’ mark in 1999, claiming use since 1992, which was subsequent to the adoption and registration of the petitioner's trademark, said the court.

 

Further, the law states that a trademark will not be registered, if there exists a likelihood of confusion on the part of the public because of its identity or similarity to an earlier trademark, said the court. Therefore, the trademark registry has erred in dismissing Reckitt and Colman's opposition on the ground that its claim of prior use has not been established, said the court.

 

The petitioner, a member of the Reckitt Group of Companies, was involved in the field of consumer healthcare, fast-moving consumer goods and products related to health, hygiene and nutrition. Reckitt and Colman said that its trademark was a coined and invented word having no dictionary meaning. No cogent reason has been furnished by Ind-Swift behind adopting its 'Deca-neurophen' trademark, said the petitioner.

 

The goods under the petitioner's trademark and the respondent's mark are medicines meant for ailment of two completely different diseases, with completely different side effects, said Reckitt and Colman. The consumption of one in place of the other may result in disastrous consequences and there cannot be two medicinal preparations bearing the same name from different sources and with different compositions, the petitioner added. Reckitt and Colman's products are available in the form of capsules, tablets, gels used for treating migraine while Ind-Swift's goods are available in injection form, which keeps bones strong and reduces the risk of osteoporosis, said the petitioner.

 

Friday, the shares of Ind-Swift Laboratories closed 0.7% lower at INR 91.25 on the National Stock Exchange.  End

 

Reported by Surya Tripathi

Edited by Deepshikha Bhardwaj

 

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