Common Names Like ‘Neha’ Don’t Guarantee Trademark Monopoly Without Commercial Proof: Delhi HC | Representative Photo
Mumbai: The Delhi High Court has ruled that just having a common Indian name as a brand, like “Neha”, won’t guarantee you a legal monopoly, unless you back it up with hard commercial clout.
In a squabble over the trademark “NEHA” between a mehendi brand and a face cream company, Justice Sanjeev Narula highlighted that everyday names need more than emotional attachment to qualify for protection—they need evidence of having carved out a strong consumer association. Think advertising blitz, big sales numbers, and brand loyalty metrics. The plaintiffs claimed they had been using “Neha” since 1992, inspired by the founder’s sister, for their herbal henna line. But the defendant swore by his own prior claim, using “Neha” since 1990 for his range of face creams, including cold, turmeric, and fairness variants, reported by Live Law.
The twist? While the plaintiffs actually had a registered trademark, the defendant never got one, despite trying multiple times. His application only materialised in 2006, a 16-year delay that didn’t win him any brownie points. Neither party, unfortunately, brought convincing receipts. The court noted the absence of dated invoices, promotional material, or packaging from the 1990s.
The earliest document? An income tax return from 1995. That’s not exactly the fireworks show the court was hoping for. The defendant tried the old “they didn’t object for years, so they must’ve been fine with it” defence. The court, unimpressed, shot that down, pointing out that silence doesn’t equal surrender, especially without proof that the plaintiffs knowingly sat back and watched. Still, the plaintiffs lost. Why? Because mehendi and moisturisers, though both cosmetic and sold in the same shops, aren’t functionally similar.
The court ruled that just being in the same Class 3 category under trademark law isn’t enough. Henna is a plant-based ornamental dye; creams are chemical, therapeutic, or aesthetic—two very different beauty beasts. And so, Neha remains a name both parties can use, for now—unless someone finally proves the brand is more than just a name on a box. Moral of the story? In trademark wars, sentiment is sweet, but substance sells.
