In a pivotal ruling, the Bombay High Court has sent back Audi AG's trademark dispute involving the "Q6" mark for fresh review by the senior examiner of trademarks in Mumbai.
The German luxury automaker, renowned for its premium vehicles, has been seeking trademark protection for the "Q6" name, which is associated with its flagship full-size luxury SUV with three rows of seating.
Case Background: The legal controversy traces back to September 2, 2021, when the senior trademark examiner rejected Audi’s application for the "Q6" mark under Classes 9 and 12 of the Trade Marks Act, 1999. The examiner based the rejection on concerns over the mark’s distinctiveness and the possibility of public confusion.
Audi AG, represented by attorneys Karan Khiani, Rohan Lopes, and Shubham Shende, contested the decision, arguing that the examiner had failed to consider key evidence proving the mark's distinctiveness. The legal team emphasized that the "Q6" trademark had already been successfully registered in multiple countries, including Australia, Chile, Germany, the European Union, and the United Kingdom, among others.
The team argued that the international recognition of the "Q6" trademark demonstrated its distinctiveness and contested the rejection as arbitrary and unfounded.
On the other hand, the senior trademark examiner's defense rested on Section 9(1)(a) of the Trade Marks Act, addressing non-distinctiveness, and Section 11(1), which highlights the risk of public misinterpretation due to the similarity of the mark to others.
Justice Manish Pitale, who presided over the case, was critical of the senior examiner’s approach, pointing out that the evidence presented by Audi AG had not been properly reviewed. The court also highlighted that the examiner had not fully engaged with the relevant legal provisions.
In his remarks, Justice Pitale emphasized that the evidence could not be directly reviewed by the court to either support or overturn the examiner's decision but called for a thorough reconsideration of the case by the senior examiner. The court thus overturned the 2021 denial and instructed the examiner to reassess the application, setting a two-week deadline for a reasoned decision.
This ruling underscores the need for a thorough and well-considered examination in trademark disputes, particularly involving multinational companies like Audi AG. By remanding the case for further review, the Bombay High Court has reinforced the importance of judicial scrutiny in intellectual property matters.
The case also highlights the complexities involved in trademark law across different jurisdictions. Although Audi AG’s "Q6" trademark is recognized in several countries, approval in India remains crucial for securing the brand's identity in the Indian market and beyond.
