Even Common Names Like ‘NEHA’ Can Be Trademarks if They Gain Distinctiveness : Delhi High Court

The Delhi High Court held that common Indian names like “NEHA” can be protected as trademarks if they acquire secondary meaning through consistent commercial use. 

In a trademark dispute between Sahni Cosmetics and Neha Herbals, the Court ruled that “NEHA,” though inherently weak, is registrable if consumers associate it with a specific source.

Sahni failed to prove prior use, while Neha Herbals presented credible evidence. The Court clarified that trademark rights are product-specific and not absolute across categories, even within the same class.

Dismissing the infringement claim, the Court noted that mehendi and skincare creams are distinct products and unlikely to confuse consumers.