India’s largest airline, IndiGo, has initiated legal action against Mahindra Electric Automobile Limited, filing a trademark infringement suit in the Delhi High Court over the use of ‘6E’ in its upcoming Mahindra BE 6E electric car. According to Bar and Bench, this model is expected to hit Indian roads in February 2025.
The case was referred to Justice Amit Bansal on Tuesday, but the judge declined to hear it. The hearing of the case is scheduled for December 9.
In court, senior advocate Sandeep Sethi, representing IndiGo, said Mahindra had approached the airline the previous evening to discuss the issue in an attempt to reach an amicable solution.
The controversy surrounding the ‘6E‘
IndiGo Airlines operates under the call sign ‘6E’, which is not only an integral part of its brand, but also encompasses various passenger services aimed at enhancing the travel experience. These services include 6E Prime, which offers benefits such as seat selection and priority check-in, and 6E Flex, which provides unlimited flexibility for rescheduling and cancellation. In addition, the ‘6E’ brand offers customizable options for travelers, including extra baggage and advance meal reservations.
In 2015, IndiGo secured trademark registration for “6E Link” in multiple classes covering areas such as e-advertising, transportation services and print materials. In particular, the airline’s rights under these classifications include:
– Class 9: Electronic advertising displays and illuminated signs
– Class 35: Advertising services, including internet and television advertising
– Class 39: Airline services for the transport of passengers and cargo
– Class 16: Printed advertising materials such as brochures and billboards
On November 25, Mahindra Electric’s application to register the word mark “BE 6E” in Class 12 was accepted by the Registrar of Trade Marks. If granted, this registration will allow Mahindra to use “6E” for a range of vehicles, including electric and internal combustion engines in various categories, excluding two-wheelers.
The Mahindra BE 6E has garnered a lot of attention online for its innovative design and advanced features, though bookings are yet to open and deliveries are expected to begin in February 2025.
Next steps
IndiGo is seeking relief from the Intellectual Property Division of the Delhi High Court regarding this trademark dispute. IndiGo is being campaigned by senior counsel Sethi, who is supported by a team at Ira Law, including advocates Aditya Gupta, Mukul Kochhar and Chhavi Tokas.
M&M’s on 6E
A Mahindra spokesperson commented on the issues, saying, “On November 26, 2024, Mahindra unveiled its BE 6e and XEV 9e electric SUVs. Mahindra has applied for trademark registration in Class 12 (vehicles) for the ‘BE 6e’, part of its electric SUV portfolio.
“Therefore, we do not see any conflict as the Mahindra brand is ‘BE 6e’ and not a separate ‘6E’. It is fundamentally different from the ‘6E’ Indigo,’ he further states.
