Delhi High Court declares fever tablet CALPOL a well-known trademark

The Delhi High Court has declared GlaxoSmithKline Pharmaceuticals Limited’s (GSK/ plaintiff) pain and fever medicine brand CALPOL as a well-known trademark [GSK Vs Walter Healthcare]..Justice Jyoti Singh passed the order on May 15 in a trademark infringement suit filed by GSK against Walter Healthcare Private Limited and another entity (defendants) over the use of the mark WALPOL.The Court held that CALPOL satisfied the requirements under the Trade Marks Act, 1999 for being recognised as a well-known trademark in relation to medicinal and pharmaceutical products.“Plaintiff’s long standing reputation and extensive, continuous and uninterrupted use of the mark CALPOL across India reflects its significant commercial presence and recognition and is testament of its distinctiveness in the field of medicine and pharmaceutical products, both for adults and children,” the Court observed..GSK approached the High Court seeking a permanent injunction to restrain the defendants from manufacturing, selling, advertising or marketing pharmaceutical products under the mark WALPOL or any other mark deceptively similar to CALPOL and CALPOL FAST.The CALPOL mark was registered for pharmaceutical preparations on July 13, 1965 and is valid till July 13, 2027. CALPOL FAST was registered in December 2021 and is valid till December 2031..The company argued that WALPOL was deceptively similar to CALPOL since only the first letter had been changed from ‘C’ to ‘W’. Both marks contained six letters, five of which were identical, and both ended with “POL”.The Court on May 2, 2025 granted an ex parte interim injunction, restraining the defendants from using WALPOL or any mark identical or deceptively similar to CALPOL.During the pendency of the suit, the parties settled the dispute. .The Court then decreed the suit in GSK’s favour on the settlement terms. The only issue left for consideration was GSK’s prayer to declare CALPOL a well-known trademark..The Court noted that CALPOL had been used continuously for over 35 years. It also took note of GSK’s sales figures, which were filed in a sealed cover. The Court recorded that CALPOL sales exceeded ₹300 crore in 2024 alone, with more than 20 crore pack units sold.Justice Singh also noted GSK’s marketing and promotional expenditure, widespread pharmacy presence, online visibility and coverage in publications such as The Print, Business Standard, Economic Times and pharmacy journals.The Court further recorded that a recent press release in the United Kingdom on April 30 showed CALPOL as one of the public’s top 10 iconic British trademarks.Accordingly, the Court declared CALPOL a well-known trademark within the meaning of Section 2(1)(zg) of the Trade Marks Act..GSK was represented by advocates Urfee Roomi, Janaki Arun, Ayush Dixit and Angela Arora..None appeared for the defendants..[Read Judgment]