India’s largest airline IndiGo has filed a suit before the Delhi High Court for infringement of trademark against Mahindra Electric Automobile Limited for using ‘6E’ in its new electric car called Mahindra BE 6E, which is expected to hit the Indian roads in February 2025. The case came up before Justice Amit Bansal on Tuesday. However, the judge chose to recuse from hearing the matter. The case is now expected to come up for hearing on December 9.
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NEW DELHI: India’s largest airline, IndiGo, has approached the Delhi High Court to file a trademark infringement suit against Mahindra Electric Automobile Limited for using ‘6E’ in its newly unveiled electric car, the Mahindra BE 6E.
The car, expected to hit Indian roads in February 2025, has triggered a legal battle over branding rights.
Court Proceedings and Efforts for Resolution
The case initially came before Justice Amit Bansal on Tuesday. However, the judge recused himself from hearing the matter.
The case is now set to be heard on December 9.
During the proceedings, Senior Advocate Sandeep Sethi, representing IndiGo, informed the court:
“Mahindra had reached out to the airline last evening and an effort is being made to discuss the issue.”
The Contested Trademark: 6E
IndiGo Airlines uses “6E” as its callsign, an integral part of its branding strategy.
This identifier extends beyond operations, encapsulating a range of passenger services aimed at enhancing the travel experience.
These include:
- 6E Prime: Offering priority benefits like seat selection, check-in, and complimentary snacks.
- 6E Flex: Providing flexibility for unlimited rescheduling and cancellations.
- 6E Add-ons: Allowing customers to personalise their travel experience with options such as extra baggage, pre-booked meals, and lounge access.
IndiGo holds trademark registration for the word mark ‘6E Link’ under classes 9, 35, 39, and 16, obtained in 2015. These trademark classes serve as categories for organising goods and services during registration, ensuring proper scope and protection.
- Class 9: Covers electronic advertising displays and illuminated signs.
- Class 35: Includes banner advertising, online advertising, and transport-related advertising services.
- Class 39: Protects the use of ‘6E’ for airline services involving the transport of passengers and goods.
- Class 16: Applies to advertising materials like printed pamphlets, boards, and hoardings.
Mahindra’s Use of 6E
On November 25, the registrar of trademarks approved Mahindra Electric’s application to register the word mark ‘BE 6E’ under Class 12. This classification allows Mahindra to use the mark for a variety of motor vehicles, including electric and internal combustion engine-powered vehicles, off-road and utility vehicles, buses, trucks, and tractors.
However, it excludes two-wheelers and their electric counterparts.
Mahindra’s BE 6E electric car, unveiled recently, gained significant attention for its cutting-edge design and advanced features. Although bookings for the car have not yet opened, deliveries are slated to begin in February 2025.
IndiGo’s Legal Challenge
IndiGo has challenged the trademark approval for Mahindra BE 6E, filing a petition with the Intellectual Property (IP) Division of the Delhi High Court to protect its branding interests.
Senior Advocate Sandeep Sethi, supported by advocates Aditya Gupta, Mukul Kocchar, and Chhavi Tokas from Ira Law, is leading IndiGo’s legal team.
Conclusion
The battle over the 6E trademark underscores the importance of intellectual property rights in safeguarding a brand’s identity.
With discussions underway between IndiGo and Mahindra, the December 9 hearing is likely to determine the future of the contested trademark and its implications for both industries.
Click Here to Read Previous Reports on Trademark Suit
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