By – Aatmaja Mishra
Introduction to Trademark
Meaning – Trademark is one of the Intellectual Property Rights, wherein, it legally recognizes a particular product of a Company, that product being the Company’s brand which gives the right to such a company to distinguish its Brand from that of its Competitors and to thus, preserve its uniqueness.
It can be in form of a logo, a symbol, a word, a design or any other intellectual detailing, which gives the Customers a sense to recognize and distinguish between the Brands.
Law Governing – The law governing the Trademark is, the Trademarks Act of 1999.
Securing the ownership of the Brand – In order to maintain the uniqueness of the Brand and to grant legal protection over the said Brand, a legal procedure is followed.
The particular symbol given to the Brand has to be duly registered with the government agencies. Simultaneously, the registered trademark is denoted by the ® symbol.
Let’s take the current example of Indigo. It secured its Brand by having the Trademark of “6E”. However, in order to make that symbol effective and legally valid, it is duly registered as a Trademark.
Therefore, Indigo vests in itself the right to sue against any infringement or unfair competition against its Brand.
Validity of the Trademark – The Trademark is valid for a period of 10 years from the date of filing an application to register the same. Moreover, it has to be renewed after the time period of 10 years to continue granting a valid legal protection of its Brand.
About the Dispute
Filing of the suit – The Dispute began when Indigo, an airline company, filed a suit against Mahindra, an automobile company, for the infringement of the former’s Brand “6E” on 3rd December, 2024. The latter, that is, the Mahindra Automobile Limited, used “6E” on its electric vehicle, “BE 6e”, which is expected to be launched in February 2025.
The matter is before the Delhi High Court and was before Justice Amit Bansal, who rescued himself from hearing the said case. While, the matter is listed for hearing on 09th December, 2024, IndiGo has also sought an interim injunction restraining Mahindra from using “6E”.
While Indigo uses its Brand “6E” for advertising and airline services, inclusive of the services like 6E Prime and 6E Flex, “6E” has been its Brand identity since 2015; for the last 18 years.
Contentions of both the Parties involved in the Case –
Contention of Indigo
While trademark protects a particular Brand from being diluted, the contention of Indigo mostly based on this ground. That, the use of “6E” by Mahindra has a major possibility of dilution of the existing Brand of Indigo, thus hampering its goodwill built over the last 18 years.
Thus, the contention of Indigo was quoted as in, “Any unauthorised use of the “6E” mark, whether standalone or in any form, constitutes an infringement of IndiGo’s rights, reputation, and goodwill. IndiGo is committed to taking all necessary and appropriate steps to safeguard its intellectual property and brand identity.”
It was also argued on behalf of Indigo that “as the dispute arises from the potential for consumer confusion, as ‘6E’ is a key part of IndiGo’s branding, with services like 6E Prime and 6E Flex offering enhanced travel experiences to passengers.”
Contention of Mahindra
The contention of Mahindra is based on the ground of “class” under the Trademark Law. It argues that, “its trademark BE 6e, which stands for an electric SUV in Class 12 (vehicles), is quite distinct from the airline services “6E” run by IndiGo.”
It is also contended that, “there is no likelihood of confusion especially given the clear contrast between industries and a recognisably different appearance for trademarks.”
Intention behind the use of “6E” by Mahindra.
The use of “6E” by Mahindra gauges the possibility of using the goodwill of Indigo for the former’s future branding. While this is one side of the coin, the other side also needs to be articulated. As contended by Mahindra earlier in this matter, the Brand name discloses “BE 6e” and not a standalone of “6E” and therefore, it would not cause any dilution to the Brand image of Indigo.
Moreover, while Indigo uses its brand for the specific purpose of advertising and airline services, Mahindra, as it is an automobile company, shall use its Brand for Class 12, that is in Vehicles. Therefore, a distinction arises in the Class and for which purpose it is being used under the Trademark Law.
Is it really an Infringement of Trademark?
To answer the above-mentioned question, the distinction of class under the Trademark Law needs to be analysed.
Meaning of Class under the Trademark Law – It basically refers to a category in which goods and services fall for the purpose of trademark registration. For example, Indigo is the airline service while Mahindra is the automobile service. Thus, as the services are different, the class, too, are different. Therefore, in order to register a valid trademark for a brand, the class needs to be considered.
How does it work? – The classes fall under a system known as “Nice Classification (NCL)”. It consists of a total number of 45 classes. While Class 1-34 deals with different Goods such as chemicals, clothing, vehicles, and pharmaceuticals, Class 35-45 deals with Services, like – Advertising, Legal services, Transport.
Now, Indigo falls under Class 39; Transport services. While Mahindra falls under Class 12; Vehicles. As the class differs, so the product. However, the question which needs to be analysed is – Can the Trademark be protected just on the use of a different class product? The same is discussed below.
Trademark in case of different class product – In accordance to the Trademarks Act, 1999, in some cases, the trademark is protected on the use of a different class product.
However, below are certain exceptions to the same.
- Deceptive Similarity of the Product – In case of deceptive similarity between two products, even though it is of different classes, the Court would gauge the confusion faced by the Customers regarding its Brand and on the deceptive intention of the other Company’s use of such existing Brand which has acquired goodwill and distinctiveness over a period of time.
- Dishonest Adoption – As earlier stated, if Mahindra has used the logo “6E” just for the uniqueness and goodwill of Indigo, it shall be termed as a dishonest adoption and therefore, the Court have to consider this ground for the advantage taken by Mahindra.
- Overlapping Consumer Base – If there is an overlap in the target consumers, the likelihood of infringement increases. For instance, a trademark used for vehicles (Class 12) and one for transportation services (Class 39) could overlap, as both cater to the mobility industry.
The Matter so far
On 07th December, 2024, Mahindra and Mahindra decided to rename the electric SUV from “BE 6e” to “BE”, thus dropping the “6e” from the brand name.
It accordingly stated, “We believe it differs fundamentally from IndiGo’s “6E,” which represents an airline, eliminating any risk of confusion. The distinct styling further emphasizes its uniqueness. Our registration application is for an entirely different industry sector and product and hence do not see any conflict.”
Though, the automobile company has decided so, it shall contest the objections of Indigo before the Court of Law.
Conclusion
The present matter rests on the Trademark issue between Indigo and Mahindra and is sub-judice, that is, yet to be decided before the Court of Law.