The Delhi High Court referred a trademark dispute between Kushmanda Power Limited (KPL) and Ola Electric over the use of the term “Bharat Cell” to mediation.
NEW DELHI: 29th May: The Delhi High Court referred a trademark dispute between Kushmanda Power Limited (KPL) and Ola Electric to mediation, giving both companies a chance to settle the issue amicably.
The case was heard by Justice Saurabh Banerjee on Thursday. The Court asked both sides to explore an out-of-court resolution through the Delhi High Court Mediation and Conciliation Centre. The next hearing will be held in August 2025.
The conflict arose over the use of the name “Bharat Cell” for electric vehicle (EV) battery cells. KPL, a company that assembles and sells lithium-ion battery packs under the brand name “BHARATCELL,” filed a lawsuit.
They alleged that Ola Electric’s use of the term “Bharat Cell” for its newly developed 4680-format battery was an act of trademark infringement and passing off.
Ola Electric had introduced its 4680-format lithium-ion battery cell—branded as Bharat Cell—in August 2024, proudly highlighting that it was domestically developed.
However, as of now, neither KPL nor Ola Electric has a registered trademark for “Bharat Cell.”
As per records from the Trade Marks Registry, KPL’s application for “BHARATCELL” is under opposition, while Ola Electric’s application for “Bharat Cell” is still in its early processing stage.
After listening to the initial arguments, Justice Banerjee felt that mediation was the best route forward. He stated that the case was fit for mediation since “the trademark rights were yet to crystallise.” This means that legal rights over the trademark are not yet fully settled or established.
The Court also observed that KPL filed its plea in May 2025, even though Ola Electric had announced the Bharat Cell back in August 2024. Based on this timeline, the Court concluded that “there was no urgency in the matter”, and hence, both parties could try mediation under Section 12A of the Commercial Courts Act, 2015.
Justice Banerjee said the Court “directed the parties to attempt an amicable resolution through mediation” and noted the matter was “suitable for mediation” because neither party had registered ownership over the trademark.
Senior Advocate Rajiv Nayyar appeared on behalf of Ola Electric during the proceedings.
This move by the High Court gives both companies a chance to avoid a lengthy legal battle and instead work out a mutual solution through dialogue. As the next hearing is scheduled for August, all eyes will be on whether mediation leads to a peaceful settlement.
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