Summary
This post explores the ongoing trademark dispute between Tata Motors and Inter Globe Aviation, proprietors of Tata Indigo and IndiGo Airlines, respectively. It details the history of their legal opposition before the Indian Trademark Office, highlighting the grounds presented by Tata Motors, including alleged dishonesty and potential consumer confusion. The analysis suggests that despite Tata Indigo's earlier use, both marks have coexisted harmoniously for over a decade, reducing the likelihood of confusion. The author concludes that the outcome of the current opposition could set an important precedent in Indian trademark law and reflects on the complexities involved in resolving such high-profile legal battles.
Background
A trademark dispute between two major Indian commercial entities drew renewed public attention in August 2015, when media reports highlighted the ongoing opposition proceedings before the Indian Trademark Office involving Tata Motors, the registered proprietors of the mark TATA INDIGO, and Inter Globe Aviation, the operators of IndiGo Airlines. The dispute had been ongoing for approximately ten years by that point, though it entered the public domain notably around the time of IndiGo Airlines’ proposed initial public offering.
Marks Applied for by Inter Globe Aviation
A search of the Indian Trademark Office records disclosed that Inter Globe Aviation applied for registration of the following marks in 2004:
| Sl no | Application number | Mark | User Details | Application date | Class | Status |
|---|---|---|---|---|---|---|
| 1 | 1277154 | INDIGO AIR | Proposed to be used | 06/04/2004 | 16 | Registered |
| 2 | 1277150 | INDIGO AIRLINES | Proposed to be used | 06/04/2004 | 16 | Registered |
| 3 | 1277148 | INDIGO AIRWAYS | Proposed to be used | 06/04/2004 | 16 | Registered |
| 4 | 1552122 | IndiGo Airlines | 01/08/2005 | 23/04/2007 | 39 | Registered |
| 5 | 1552120 | INDIGO | 01/08/2005 | 23/04/2007 | 39 | Registered |
| 6 | 1552123 | IndiGo Air | 01/08/2005 | 23/04/2007 | 39 | Registered |
| 7 | 1277147 | INDIGO AIRWAYS | Proposed to be used | 06/04/2004 | 39 | Opposed |
| 8 | 1277149 | INDIGO AIRLINES | Proposed to be used | 06/04/2004 | 39 | Opposed |
| 9 | 1277152 | IndiG0 | Proposed to be used | 06/04/2004 | 39 | Opposed |
| 10 | 1277153 | INDIGO AIR | Proposed to be used | 06/04/2004 | 39 | Opposed |
| 11 | 1432154 | Proposed to be used | 06/04/2004 | 39 | Opposed |
This is not an exhaustive list and does not include all marks applied for or registered by Indigo Airlines.
Grounds of Opposition by Tata Motors
The search also disclosed that Tata Motors was opposing approximately five marks filed by Inter Globe Aviation since 2005 (opposition no: 206065). The principal grounds advanced by Tata Motors were as follows:
- Tata Motors is the registered owner of the mark TATA INDIGO in class 12 in relation to land vehicles and parts thereof.
- Tata Motors is the proprietor of the mark INDIGO and has applied for registration of several marks in combination with the mark INDIGO both in India and abroad.
- Tata Motors claims to have been using the mark INDIGO both in India and in several other countries since the year 2002 and contends that, by virtue of its continuous usage, the mark has acquired well-known status and is exclusively associated by the public with Tata Motors.
- Tata Motors contends that the adoption of the mark Indigo by Inter Globe was dishonest and constituted a malafide attempt to take advantage of the popularity of Tata’s mark.
Analysis
The likelihood of confusion between the two marks was a central issue in the opposition proceedings. Although Tata Indigo was the first to use the mark in Indian markets, the chances of Inter Globe obtaining registration of the mark IndiGo appear reasonable, given that an average consumer would be unlikely to confuse an airline with an automobile. Both marks had coexisted in the marketplace for over ten years without any reported confusion or deception among the public, which would tend to weaken several of the grounds of opposition.
The opposition proceedings were likely to mark the beginning of a protracted legal engagement between the parties before the Indian Trademark Office.
Disclaimer
This article is for general information and does not constitute legal advice. Readers should consult a qualified attorney before acting on any matter discussed here.