IndiGo files lawsuit against Mahindra Electric over ‘6e’ trademark dispute

India’s largest airline informed the court that Mahindra had reached out on Monday evening to discuss the issue, reported Business Standard.

The matter was brought before Justice Amit Bansal on Tuesday, but the judge recused himself, and the hearing is now scheduled for December 9.

The dispute arose after the registrar of trademarks approved Mahindra Electric’s request on November 25 to register the ‘BE 6e’ mark under Class 12, which pertains to vehicles and related components.

Trademark classifications include Classes 1-34 for products and 35-45 for services.

IndiGo, operating under the callsign ‘6e,’ uses the identifier as a key element of its branding.  In aviation, a callsign represents a unique combination of letters and numbers for air-ground communication, the report said.

Beyond its callsign, IndiGo’s ‘6e’ brand extends to a range of passenger services, including seat selection, priority check-in, complimentary snacks, and flexible rescheduling. Its 6e add-ons offer extra baggage, pre-booked meals, and lounge access, the report added.

The airline registered the word mark ‘6e Link’ in 2015 under Classes 9, 35, 39, and 16, giving it rights to use the ‘6e’ mark for advertising and services. IndiGo claims that Mahindra’s use of ‘BE 6e’ infringes on its established trademark, which it has used for 18 years.

“The ‘6e’ mark is an integral part of IndiGo’s identity, having been used for the past 18 years, and is a registered trademark that holds strong global recognition.

“The ‘6e’ mark, whether standalone or in its variants and formative forms, is extensively used by IndiGo for its offerings and for goods and services provided in collaboration with trusted partners.

“Any unauthorised use of the ‘6e’ mark, whether standalone or in any form, constitutes an infringement of IndiGo’s rights, reputation, and goodwill. IndiGo is committed to taking all necessary and appropriate steps to safeguard its intellectual property and brand identity,” an IndiGo spokesperson stated, according to the Business Standard report.

Mahindra introduced the BE 6e and XEV 9e electric-origin SUVs on November 26, 2024, applying for trademark registration under Class 12 for the ‘BE 6e.’

“We hence don’t see a conflict, as Mahindra’s mark is ‘BE 6e’ , not the standalone ‘6e’. It differs fundamentally from IndiGo’s ‘6e’, which represents an airline, eliminating any risk of confusion. The distinct styling further emphasises their uniqueness.

“We have taken on board the concerns that InterGlobe Aviation has about the infringement of their goodwill, which was not our intention. We are engaged in discussions with them to find an amicable solution,” a Mahindra & Mahindra spokesperson was quoted as saying by Business Standard.

The broader issue raised by this dispute is whether trademark exclusivity can extend across unrelated industries based solely on brand identity. As per Section 28 of the Trade Marks Act, 1999, remedies for trademark infringement apply only to the goods or services for which the trademark is registered.