Delhi HC temporarily stays registration of 'Wellford Pudin Hara' trademark on Dabur plea

New Delhi: The Delhi High Court has temporarily stayed the registration of the 'Wellford Pudin Hara' trademark, holding that it "completely subsumes" Dabur India's mark in the same class, creating "an irrefutable and real likelihood of confusion".

Dabur India has alleged infringement of its registered 'Pudin Hara' trademark by Indore-based Wellford Pharmaceuticals and sought removal of the 'Welford Pudin Hara' mark.

Pudin Hara is a popular mint-based over-the-counter herbal product used for indigestion and stomach discomfort.


Justice Tejas Karia said the adoption of the mark by Welford appeared prima facie dishonest and likely to confuse consumers familiar with Dabur's 'Pudin Hara'. "Therefore, allowing the impugned registration to operate during the pendency of this petition would cause grave prejudice to the petitioner," the judge said in the order dated December 9.

The stay will operate till March 17, the next date of hearing.

Dabur argued that 'Pudin Hara' was being used by it since 1930 and was also supported by a trademark application in 1979. It said Wellford Pharma filed a trademark registration on a proposed-to-be-used basis in 2022 and the mark was given to the latter in 2023.