Delhi High Court Removes 'DECA-NEUROPHEN' Trademark From Register Over Similarity With Reckitt's 'NUROFEN'

The Delhi High Court has ordered the removal of the trademark “DECA-NEUROPHEN” from the Trade Marks Register, holding that the name is similar to “NUROFEN”, a well-known pain-relief brand, and could confuse consumers. Justice Tejas Karia passed the order on December 24, 2025. The court allowed an appeal filed by Reckitt and Colman Overseas Health Limited and set aside an earlier decision of the Trade Marks Registry that had permitted registration of the mark in favour of Ind Swift Limited. The court said the risk of confusion was real, particularly because both sides deal in medicines. “On account of similarity of products sold by the Parties, there is likelihood of confusion in the market especially among the medical practitioners, pharmacists etc. as well as the general public at large,” the court observed. Reckitt told the court that “NUROFEN” is a coined trademark adopted in 1981 and registered in India in 1983. The brand is used worldwide for pain-relief medicines containing ibuprofen. Ind Swift applied to register “DECA-NEUROPHEN” in 1999 for pharmaceutical and medicinal preparations, claiming use since 1992. The application was advertised in 2003, following which Reckitt filed an opposition. Despite the objection, the Trade Marks Registry dismissed Reckitt's opposition in February 2024 and allowed the mark to proceed for registration. Reckitt challenged the decision before the High Court. After comparing the two marks, the court found that “NUROFEN” and “DECA-NEUROPHEN” are visually and phonetically similar. It held that adding the word “DECA” did not sufficiently distinguish the later mark or remove the likelihood of confusion. The court stressed that medicines require stricter scrutiny, as errors can have serious consequences. “Any use the Impugned Mark by Respondent No. 1, in respect of similar goods, which are in the nature of medicines, having identical and overlapping trade channels, it is likely to cause confusion and deception among the consumers, who are ordinary persons of average intelligence and imperfect recollection. Consuming the wrong medicine could have disastrous side effects which will cause harm to the consumers,” the court said.On priority, the court held that “NUROFEN” was clearly the earlier trademark, having been adopted and registered long before Ind Swift applied for its mark. The court also rejected the Registry's view that Reckitt had failed to establish use of the mark in India, clarifying that actual use is not a prerequisite for enforcing rights arising from a valid trademark registration. It further dismissed Ind Swift's claim of honest and concurrent use, noting that a basic search of the Trade Marks Register would have revealed the existing “NUROFEN” registration. The court added that delays in deciding opposition proceedings cannot operate to the advantage of a later applicant. The High Court ultimately set aside the Registry's order and directed that the trademark “DECA-NEUROPHEN” be removed from the Register of Trade Marks. Case Title: Reckitt And Colman Overseas Health Limited v. Ind Swift Limited & Anr.Citation: 2025 LiveLaw (Del) 1785Case No.: C A(COMM.IPD-TM) 51/2024For the Appellant: Senior Advocate C M Lall with Advocates Rahul Chaudhry, Ekta Sarin, Nikhil Sharma, Hitesh Malik and Ananya MehanFor the Respondents: Advocates Manish Biala and Arun Kumar Jha for R1; CGSCs Saumya Tandon and Shashank Dixit with Advocates Gaurav Singh Sengar, Kunal Raj and Charu Khandelwal for R2Click Here To Read/Download Order

Delhi High Court Removes 'DECA-NEUROPHEN' Trademark From Register Over Similarity With Reckitt's 'NUROFEN'

Ayushi Shukla

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