No exclusive rights over ‘Vapo', Vicks loses trademark battle

The Madras High Court has ruled that the term "Vapo" is descriptive, generic and publici juris—belonging to the public—and that Procter & Gamble Company (P&G), maker of the popular Vicks VapoRub, cannot claim exclusive trademark rights over its use.

- TDG NETWORK

In an order dated January 6, Justice N. Senthilkumar dismissed three trademark rectification petitions filed by P&G seeking cancellation of registrations granted to IPI India Private Limited for the marks "VAPORIN", "VAPORIN COLD RUB" and allied device marks under Classes 3 and 5 of the Trade Marks Act, 1999.

Rejecting P&G's claims, the Court held that the use of the word “Vapo” in IPI India’s marks does not render them deceptively similar to “VICKS VAPORUB?”. It observed that “VICKS VAPORUB” and IPI India’s products— “VAPORIN”, “VAPORIN COLD RUB” and “Vapor In, Stress Out. Anytime, Anywhere’ —are distinct in name, appearance and overall commercial impression.