Delhi High Court Declares GSK's Calpol A Well-Known Trademark For Pharma Products

The Delhi High Court has declared GlaxoSmithKline Pharmaceuticals' Calpol a well-known trademark for medicinal and pharmaceutical products under the Trade Marks Act.

The ruling came in a suit against Walter Healthcare Private Limited, which had marketed pharmaceutical products under the mark 'Walpol', a near-identical mark differing from Calpol only in the replacement of the first letter.

Justice Jyoti Singh delivered the oral judgment on May 15, 2026. During the pendency of the suit, Walter agreed to permanently abandon the mark, withdraw its trademark application, and pay Rs 2 lakh as damages. With the dispute settled, the court went on to consider GSK's remaining plea seeking a declaration of Calpol as a well-known trademark.

In September 2024, GSK said it discovered Walter Healthcare's use of the mark through a trademark application filed for 'Walpol'. The company found that Walter was selling and advertising pharmaceutical products under the mark.

Both marks are six letters long, share five identical letters, and end with 'POL'. GSK issued a cease and desist notice in September 2024 before filing the suit in 2025.

The court granted an ex parte interim injunction on the same day summons were issued.

The court then examined whether Calpol satisfied the statutory criteria for recognition as a well-known trademark under Sections 11(6) and 11(7) of the Trade Marks Act, 1999.

GSK said Calpol has been in continuous use in India since 1991, while its oldest trademark registration dates back to July 1965.

The company told the court that sales of Calpol products exceeded Rs 300 crore in 2024, with more than 20 crore pack units sold that year. It also placed material showing annual marketing expenditure ranging from over Rs 12 crore to over Rs 85 crore between 2014 and 2024.

GSK also relied on multiple enforcement actions in which it had secured injunctions or consent decrees against alleged infringers using similar marks.

"The trademark CALPOL has acquired extensive recognition and association within the relevant section of the public in the concerned industry with respect to pharmaceutical and medicinal products in its long journey of over 35 years commencing from the year 1991," Justice Singh observed.

The court also noted a UK press release dated April 30, 2026, listing Calpol among the public's top ten 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, 1999, for medicinal and pharmaceutical products.