Archive · 2 Jan 2026
Delhi HC Cancels 'Activepushpa' Mark
The Delhi High Court has canceled the trademark 'Activepushpa' because it is too similar to an older trademark called 'Hempushpa'.
Both trademarks are used for ayurvedic medicines.
The court said that 'Activepushpa' was dishonestly adopted and could confuse people who buy medicines.
The court ordered the trademark registry to remove 'Activepushpa' from its records.
The case was heard by Justice Tejas Karia, and the decision was made based on evidence that showed the two marks are similar in sound, look, and meaning.
The Delhi High Court canceled the 'Activepushpa' trademark, finding it deceptively similar to the prior-registered 'Hempushpa' mark.
The petitioner, Rajvaidya Shital Prasad and sons, argued that 'Activepushpa' was dishonestly adopted and could cause consumer confusion.
Justice Tejas Karia noted that the 'Activepushpa' mark is identical or deceptively similar to 'Hempushpa' in phonetics, visual appearance, and structure.
The court directed the trademark registrar to remove 'Activepushpa' from the register of trademarks for pharmaceutical or medicinal preparations.
The decision was based on evidence presented, concluding that 'Activepushpa' was guilty of dishonest adoption and likely to deceive consumers.
- Who
- Delhi High Court, Rajvaidya Shital Prasad and sons (petitioner), Karna Goomar and others (respondent)
- What
- Cancellation of the 'Activepushpa' trademark
- When
- Order dated December 24, heard on January 2
- Where
- Delhi High Court, New Delhi
- Why
- The 'Activepushpa' mark was found to be deceptively similar to the prior-registered 'Hempushpa' mark, leading to potential consumer confusion
- Petitioner
- Rajvaidya Shital Prasad and sons
- Respondent
- Karna Goomar and others
- Prior-registered mark
- Hempushpa
- Impugned mark
- Activepushpa
- Court
- Delhi High Court
- Judge
- Justice Tejas Karia
- Date of order
- December 24