Mahindra has taken legal action against Indigo Airlines over a dispute concerning brand rights, asserting its claim in court. The conflict centers on potential overlaps or misuses of branding elements. Simultaneously, Mahindra has unveiled the name of its new electric SUV, calling it ‘BE 6.’ This move highlights Mahindra’s commitment to expanding its electric vehicle lineup while addressing brand identity concerns.
Mahindra announced on Saturday that it will legally contest the brand rights of “BE 6e” against IndiGo in court. In the meantime, the automaker will refer to its Electric Origin SUV as “BE 6.”
Mahindra unveiled its electric SUVs, the BE 6e and XEV 9e, on November 26 and has applied for trademark registration for “BE 6e” under Class 12 (vehicles). The company stated that the mark “BE,” which stands for “Born Electric,” is already registered in Class 12.
InterGlobe Aviation Limited, the parent company of IndiGo, expressed concerns about Mahindra’s use of the name “6E.” In response, Mahindra clarified that its mark is “BE 6e,” not just “6E.”
The company asserted,
“We believe it differs fundamentally from IndiGo’s ‘6E,’ which represents an airline, thus eliminating any risk of confusion. The distinct styling further emphasizes its uniqueness. Our registration application pertains to an entirely different industry sector and product, and therefore we do not see any conflict.”
Mahindra also highlighted that in the past, Tata Motors objected to InterGlobe’s use of the IndiGo mark due to their Tata Indigo car brand, yet InterGlobe continues to use the IndiGo name in a different industry.
Mahindra stated,
“We find their objection to BE 6e to be inconsistent with their own previous conduct,”
The company emphasized its commitment to providing an excellent customer experience as it brings its product to market and expressed a desire to avoid distractions from its mission of promoting electric transportation in India.
“It is unseemly for two large Indian multinationals to engage in a distracting and unnecessary conflict when we should be supporting each other’s growth and expansion.”
Given this context, Mahindra decided to brand its new product as “BE 6.”
However, it maintains that IndiGo’s claim is without merit and could set a concerning precedent for monopolizing alpha-numeric two-character marks. Mahindra concluded that it will vigorously contest this issue in court while reserving its rights to the brand name BE 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 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.