IndiGo takes Mahindra to court over '6E' trademark, M&M says discussions on

India's leading airline IndiGo has filed a trademark infringement suit against Mahindra Electric Automobile Limited (MEAL) in the Delhi High Court over the use of '6E' branding in Mahindra's upcoming electric SUV, the BE 6e.

The case, which came up before Justice Amit Bansal on Tuesday, has been rescheduled for December 9 following the judge's recusal. Senior Advocate Sandeep Sethi, representing IndiGo, informed the court that preliminary discussions between the parties have begun, with Mahindra reaching out to the airline on Monday evening.

In response to the lawsuit, Mahindra & Mahindra Limited issued a clarification to stock exchanges, stating that their mark "BE 6e" differs fundamentally from IndiGo's standalone "6E" trademark. The company emphasized that their branding poses no risk of confusion since it represents an electric vehicle rather than an airline service.

"We hence don’t see a conflict as Mahindra’s mark is “BE 6e,” not the standalone “6E.” It differs fundamentally from Indigo’s “6E,” which represents an airline, eliminating any risk of confusion. The distinct styling further emphasizes  their uniqueness," it said.

The dispute centers around IndiGo's established "6E" brand, which has been integral to the airline's identity since 2015. The airline holds trademark registrations for '6E Link' across multiple classes, including advertising, transport, and passenger services. IndiGo uses the "6E" designation for various passenger-centric services such as 6E Prime and 6E Flex.

Mahindra, on the other hand, revealed its electric origin SUVs, the BE 6e and XEV 9e, on November 26, 2024. The automaker has applied for trademark registration under class 12 (vehicles) for "BE 6e" as part of its electric SUV portfolio. The Registrar of Trademarks accepted Mahindra Electric's registration request for 'BE 6e' on November 25.

In their statement to stock exchanges, Mahindra acknowledged IndiGo's concerns regarding goodwill infringement and confirmed that both companies are engaged in discussions to reach an amicable solution. The electric SUV, which has garnered significant attention for its design and features, is scheduled for delivery in February 2025.

IndiGo's legal team, led by Senior Advocate Sethi and supported by Advocates Aditya Gupta, Mukul Kocchar, and Chhavi Tokas from Ira Law, is seeking relief from the IP division of the Delhi High Court.

What is Trademark Protection?

Trademark protection in India is primarily governed by the Trade Marks Act, 1999, and the Trade Marks Rules, 2017. A trademark is a distinctive sign, symbol, logo, name, or combination thereof that identifies and distinguishes goods or services of one enterprise from those of others in the marketplace.

The registration of a trademark grants the owner exclusive rights to use the mark in relation to the goods and services for which it is registered. This protection extends for 10 years from the date of application and can be renewed indefinitely. Trademark owners receive the exclusive right to use the trademark and can take legal action against infringers. They also have the right to license or assign the trademark to others and use the ® symbol with their mark.

The law prevents others from using identical marks for similar goods or services. It also prevents the use of similar marks that could cause confusion among consumers. The law also protects against dilution of well-known trademarks and provides safeguards against passing off, even for unregistered marks.

However, Indian trademark law follows the principle of "different classes" where protection is typically limited to the specific classes under which the mark is registered. This means a trademark registered for airline services may not automatically prevent its use in automobiles, unless it qualifies as a "well-known trademark" or there's a legitimate likelihood of consumer confusion.

Moreover, the law doesn't cover generic terms or common words used in their ordinary sense, descriptive terms that merely describe the goods or services, geographical indications unless registered separately, or marks that are contrary to public policy or morality.