Home » Alerts » Madras High Court Rejects P&G’s Challenge to “VAPORIN” Trademarks; Holds “Vapo” to Be Publici Juris

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In The Procter and Gamble Company v. IPI India Private Limited (O.P.(TM) Nos. 48, 49 and 50 of 2024), the Madras High Court dismissed trademark rectification petitions filed by P&G, holding that the term “Vapo” is descriptive, common to the trade, and publici juris, and therefore incapable of exclusive appropriation.

The Court found that “Vapo”, derived from “vapour”, is widely used in relation to vapour-based medicinal products and has seen extensive third-party adoption. It further held that “VICKS VAPORUB” and “VAPORIN” are phonetically, visually, and structurally distinct, with differing trade dress and overall commercial impression, making the likelihood of consumer confusion remote.

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