P&G Share Price in Focus as Madras High Court Rules “Vapo” Generic, Vicks Cannot Claim Exclusive Rights

The court’s decision on January 6, 2026 clarifies that the term “Vapo” is a generic descriptor for vapour based medicinal products and cannot be monopolised by Procter & Gamble, as per Bar and Bench. 

Court Decision Confirms “Vapo” Is Generic 

Justice N Senthilkumar dismissed three trademark rectification petitions filed by P&G seeking cancellation of registrations held by IPI India for “VAPORIN”, “VAPORIN COLD RUB” and related device marks under Classes 3 and 5 of the Trade Marks Act 1999.  

The judgment held that “Vapo” is an abbreviated form of “vapour”, widely used in the trade and therefore publici juris. Consequently the use of “VAPO” in the respondent’s marks does not create a deceptive similarity with the petitioner’s “VICKS VAPORUB”. 

Comparison of Marks and Consumer Perception 

The court applied the standard test of comparing marks as a whole from the perspective of an average consumer with ordinary intelligence and imperfect recollection.  

It found “VICKS VAPORUB” and “VAPORIN” to be phonetically and visually dissimilar, with distinct colour schemes, packaging and trade dress. The ruling concluded that the respondent’s products are unlikely to cause confusion regarding source. 

P&G’s Arguments and Court’s Rejection 

P&G argued that its marks enjoy long standing reputation since the brand’s launch internationally in 1890 and in India in 1964, and that IPI India’s use was intended to ride on that goodwill. The court rejected these submissions, noting extensive third‑party use of “Vapo” prefixes and the descriptive nature of the term. 

Read More: Healthcare Startup Nivaan Care Secures $7 Million to Boost Expansion! 

Implications for Trademark Registrations 

The decision reinforces that descriptive or generic terms cannot be granted exclusive trademark protection. Registrations that rely solely on such terms are vulnerable to challenge, and competitors may continue to use similar descriptors without infringement risk. 

Procter & Gamble Hygiene and Health Care Share Price Performance  

As of January 29, 2026, at 9:20 AM, Procter & Gamble Hygiene and Health Care share price on NSE was trading at ₹11,955 down by 0.28% from the previous closing price. 

Conclusion 

The Madras High Court’s order establishes “Vapo” as a generic, publici juris term, dismissing P&G’s petitions and allowing IPI India’s “VAPORIN” marks to remain valid. The judgment underscores the importance of distinctiveness in trademark applications. 

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