Two-wheeler giant Bajaj Auto moved the Delhi High Court seeking the cancellation of the trademark Freedom Grand 125 registered in favour of the automobile company Lohia Machinery Limited (LML), which used to manufacture a series of bikes under the name ‘Freedom’ in the early 2000s.
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NEW DELHI: Renowned two-wheeler manufacturer Bajaj Auto has approached the Delhi High Court seeking the cancellation of the trademark ‘Freedom Grand 125’, which is currently registered to Lohia Machinery Limited (LML).
The dispute centers on the use of the ‘Freedom’ brand, a name once synonymous with LML’s motorcycles during the early 2000s.
In 2024, Bajaj introduced a series of motorbikes under the names ‘Freedom’ and ‘Freedom 125 CNG’. However, Bajaj was later sued for trademark infringement by SG Corporate Mobility, the company that acquired the ‘Freedom’ and ‘LML’ trademarks in 2021. This acquisition occurred after LML ceased operations in 2017 and began liquidation.
Bajaj has filed a case to cancel the trademark registrations for ‘Freedom’, aiming to freely use the name for its motorbikes.
Justice Amit Bansal, presiding over the case, issued notices to the defendants, including the Registrar of Trademarks, and directed them to file their responses. Bajaj was further instructed to include LML’s liquidator in the case. The next hearing is scheduled for February 2025.
LML introduced the popular ‘Freedom’ motorcycle in 2002, establishing strong brand recognition. Despite initial success in India’s two-wheeler market during the 1980s and 1990s, LML struggled to compete with brands like Hero Honda and Bajaj.
LML faced financial difficulties and declared bankruptcy in 2006. After failed restructuring attempts, the company ceased operations in 2017. In 2021, SG Corporate Mobility Pvt. Ltd. acquired the LML brand, with plans to revive it as an electric vehicle (EV) manufacturer. The new LML unveiled concepts like the LML Star e-scooter in 2023.
Bajaj Auto has argued that the ‘Freedom’ trademark has not been used for a long time, and hence it should be canceled. Under Indian law, when a trademark is canceled, it loses its legal protections under the Trade Marks Act, 1999.
Currently, the ‘Freedom Grand 125’ trademark is registered under Class 12, which pertains to two-wheelers. The registration is valid until 2034, as per the trademark registry.
In October 2024, SG Corporate Mobility filed a suit against Bajaj Auto in the Delhi High Court, alleging unauthorized use of the ‘Freedom’ trademark.
The suit was listed for hearing on October 1, 2024, but was adjourned to February 2025 without any interim orders being passed.
Bajaj Auto is represented by Agarwal Law Associates, while SG Corporate Mobility’s legal team includes Pravin Anand, Jaya Negi, and Yashi Agarwal.
CASE TITLE:
Bajaj Auto Ltd v. LML Ltd.
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