Delhi High Court Stops Use of ‘WELLFORD PUDIN HARA’, Grants Interim Relief to Dabur
The Delhi High Court has given interim relief to Dabur India Limited by stopping the use of the trademark “WELLFORD PUDIN HARA”, holding that it is likely to confuse consumers because it closely resembles Dabur’s well-known “PUDIN HARA” mark.
Justice Tejas Karia passed the order on December 9 while hearing Dabur’s petition filed under Section 57 of the Trade Marks Act, 1999. Dabur had requested the Court to remove Wellford Pharmaceutical Private Limited’s trademark from the Trade Marks Register.
The Court noted that Dabur has been using the mark “PUDIN HARA” since 1930 for Ayurvedic and digestive products. Dabur also holds several valid trademark registrations for the mark, many of which are still in force. This long and continuous use has helped Dabur build strong goodwill and reputation in the market.
According to the Court, the mark “WELLFORD PUDIN HARA” completely includes Dabur’s mark, with “PUDIN HARA” being the main and dominant part. The addition of the word “Wellford” was not enough to differentiate the two marks. As both products fall under the same category and are sold through similar channels, there is a real chance that consumers may believe the products come from the same source.
Dabur also argued that Wellford had obtained the trademark registration on a “proposed to be used” basis and that there was no clear proof of actual use of the mark in the market. The Court found merit in this argument.
After reviewing the documents and submissions, the Court held that Wellford’s trademark registration was, at first glance, in violation of Sections 9 and 11 of the Trade Marks Act, which deal with deceptive and conflicting trademarks. The Court further observed that Wellford’s adoption of the mark appeared to be done with the intention of taking advantage of Dabur’s established reputation.
The Court concluded that the balance of convenience favoured Dabur and that allowing Wellford to continue using the mark could cause serious and irreparable harm to Dabur. As a result, the Court stayed the operation of the trademark “WELLFORD PUDIN HARA” and restrained Wellford from creating any third-party rights in relation to it.
The matter is scheduled to be heard next on March 17, 2026.
