HC backs Audi ‘Q6’ trademark registration, questions rationale behind rejection

The Bombay High Court has ordered a fresh review of Audi AG's 'Q6' trademark dispute, highlighting trademark registration's importance in protecting brand identity.

MUMBAI: The Bombay High Court on Thursday remanded a trademark dispute involving German automobile giant Audi AG to the senior examiner of trade marks in Mumbai for fresh consideration of its ‘Q6’ series trademark registration. Audi AG, headquartered in Ingolstadt, Germany, is renowned for manufacturing luxury vehicles. The Q6, a full-size luxury crossover SUV with three-row seating, is one of its flagship models.

HC backs Audi ‘Q6’ trademark registration, questions rationale behind rejection

The dispute arose from a September 2, 2021, order by the senior examiner of trade marks, which had refused the registration of the ‘Q6’ trademark under Audi’s classes 9 and 12. The refusal was based on claims of non-distinctiveness and the likelihood of creating confusion among the public.

Advocates Karan Khiani, Rohan Lopes, and Shubham Shende, representing Audi AG, argued that ample evidence had been submitted to support the trademark’s registration. They highlighted that the ‘Q6’ trademark has already been registered in several jurisdictions, including Australia, Chile, the European Union, Germany, Norway, Singapore, Turkey, Ukraine, Switzerland, and the United Kingdom. The legal team asserted that the senior examiner’s failure to consider this evidence was unjustified.

Countering this, advocates Yashodeep P Deshmukh and Vaidehi Pradeep, representing the senior examiner of trade marks, defended the refusal, citing non-distinctiveness under section 9(1)(a) of the Trade Marks Act, 1999. They argued that the mark could confuse the public, making its rejection rational under section 11(1) of the Act.

Justice Manish Pitale, presiding over the case, criticised the senior examiner for not adequately engaging with statutory provisions and failing to consider the detailed evidence presented by Audi AG. The court stated that it could not directly evaluate the evidence and determine whether the refusal of registration was justified. Therefore, it remanded the matter back to the senior examiner for reconsideration and ordered a reasoned decision.

“This court is of the opinion that in the first instance, the material sought to be relied upon by the petitioner cannot be considered by this court to examine whether the refusal of registration of the trademark can be said to be justified,” the court observed.

The high court set aside the September 2, 2021, rejection order and directed the senior examiner to re-evaluate the application and issue a decision within 2 weeks.

Importance of trademark registration

This case highlights the significance of trademark registration in India. Trademarks provide legal protection, ensuring exclusive rights to the owner and preventing unauthorised use or infringement. They also help establish brand identity and trust, which are crucial in a competitive market like India.

Registering a trademark safeguards a brand from counterfeit or imitative products, reducing the risk of consumer confusion. It also facilitates market expansion and monetisation through licensing or franchising opportunities.