Can NEHA and other common names get trademark protection? Delhi High Court answers

The Delhi High Court has affirmed that even common names, such as 'Neha,' can be granted trademark protection, provided that the applicant can successfully prove that the name has acquired distinctiveness or a 'secondary meaning' in the market. The court's ruling indicates that while generic or common terms are typically difficult to trademark, they can become protectable if they have, through extensive use and promotion, become uniquely associated with a particular brand or product in the minds of consumers. This decision offers a pathway for businesses to protect their brand identity even when using otherwise common names, by demonstrating strong brand recognition.