Bombay High Court Sends Audi's Trademark Case Back for Review

Bombay High Court Sends Audi's Trademark Case Back for Review

The Bombay High Court has ordered a fresh review of a trademark case involving the German luxury carmaker Audi AG. The case is about Audi’s attempt to register the trademark “Q6” for its large SUV with three rows of seats.

The case

On September 2, 2021, a senior trademark officer in Mumbai rejected Audi’s application to register “Q6” under Classes 9 and 12 of the Trade Marks Act, 1999. The rejection was based on claims that the name wasn’t unique enough and might confuse the public. The Audi's legal team then challenged the rejection, stating that the officer ignored strong proof that “Q6” is a well-known name. Additionally, they noted that the mark has already been registered in numerous companies and should be allowed in India.

The Defence by Trademark Officer

The trademark office defended its decision using Section 9(1)(a) of the Trademarks Act, which deals with names that aren’t distinctive. They also cited Section 11(1), stating that “Q6” could mislead people.

What Court said

The court criticized the handling of the trademark case by the trademark officer, observing that the officer didn’t fully consider Audi’s evidence or apply the law properly. The court expressed its inability. To decide upon the issue without a proper review of all the facts and sent the case back to the officer for a fresh decision. 

Case Significance

Bombay High Court Sends Audi's Trademark Case Back for Review

The Bombay High Court has ordered a fresh review of a trademark case involving the German luxury carmaker Audi AG. The case is about Audi’s attempt to register the trademark “Q6” for its large SUV with three rows of seats.

The case

On September 2, 2021, a senior trademark officer in Mumbai rejected Audi’s application to register “Q6” under Classes 9 and 12 of the Trade Marks Act, 1999. The rejection was based on claims that the name wasn’t unique enough and might confuse the public. The Audi's legal team then challenged the rejection, stating that the officer ignored strong proof that “Q6” is a well-known name. Additionally, they noted that the mark has already been registered in numerous companies and should be allowed in India.

The Defence by Trademark Officer

The trademark office defended its decision using Section 9(1)(a) of the Trademarks Act, which deals with names that aren’t distinctive. They also cited Section 11(1), stating that “Q6” could mislead people.

What Court said

The court criticized the handling of the trademark case by the trademark officer, observing that the officer didn’t fully consider Audi’s evidence or apply the law properly. The court expressed its inability. To decide upon the issue without a proper review of all the facts and sent the case back to the officer for a fresh decision. 

Case Significance

This case underscores the importance of thoroughly reviewing trademark applications, especially when global companies are involved. The court’s decision ensures that all the facts will be looked at fairly. It also highlights the challenges of registering trademarks across different countries. For Audi, obtaining the “Q6” trademark approval in India is crucial to protecting its global brand.

For details, please follow the link : HC backs Audi ‘Q6’ trademark registration, questions rationale behind rejection | Mumbai news - Hindustan Times