In a recent dispute between India’s largest airline, IndiGo, and automobile manufacturer Mahindra Electric, (Interglobe Aviation Vs Mahindra Electric Automobile Ltd, DHC – CS(COMM) 1073 / 2024) the issue surrounded the alpha numeral “6E”. For IndiGo, the 6E callsign has been an integral element of the official designator and a brand identifier for the past 18 years. IndiGo has extended the use of “6E” across various service offerings, such as 6E Prime, 6E Flex, 6E Link, and 6E Add-ons. Notably, “6E” has become a dominant feature and exclusive to the Indigo’s brand and its associated services. IndiGo has also secured registration for the word mark ‘6E Link ‘under multiple classes in 2015.

Meanwhile, on November 25, 2024, Mahindra Electric filed a trademark application for ‘BE 6e’ under Class 12 (vehicles), as part of its electric SUV portfolio. Soon after filing the application, Mahindra Electric filed for expediated examination to accelerate the examination process and advance it to registration which resulted in the Indian Trademark Office accepting its application by November 27, 2024. However, the mark has not yet been advertised in the Trademark Journal, meaning no one can oppose its registration as yet. Subsequently, IndiGo approached the IP division of the Delhi High Court seeking an injunction against Mahindra.

IndiGo claims that ‘6E’ is an integral part of its brand identity, and any usage of the mark, whether standalone or as part of a composite mark would constitute infringement of its intellectual property rights. Conversely, Mahindra argues that its application pertains to the composite mark ‘BE 6e,’ which is fundamentally distinct from IndiGo’s standalone ‘6E’ mark. The automobile company maintains that the distinctiveness of the two marks, along with their difference in classes of goods and services eliminates the likelihood of confusion. Despite these differences, Mahindra has now reached out to IndiGo to resolve the issue amicably.

With IndiGo’s strong prior rights and the widespread recognition of the “6E” mark, it will be interesting to see how this dispute unfolds.

Written by Oruj Aashna