Audi's "Q6" Trademark Battle Revived By Bombay High Court
The court's decision highlights the importance of thorough examination in trademark disputes involving multinational
By: : Kashish Singh
Update: 2025-01-06 09:00 GMT
Audi's "Q6" Trademark Battle Revived By Bombay High Court
The court's decision highlights the importance of thorough examination in trademark disputes involving multinational corporations
The Bombay High Court remands a trademark dispute involving German luxury automaker Audi AG to the senior examiner of trademarks in Mumbai, calling for a fresh review of the "Q6" series trademark application. Audi AG, renowned for its high-end vehicles, faces challenges securing trademark protection for its "Q6" moniker, which identifies a flagship full-size luxury SUV featuring three rows of seats.
The controversy arises from a decision on September 2, 2021, when the senior trademark examiner rejected the "Q6" trademark application under Classes 9 and 12 of the Trade Marks Act, 1999. The rejection is based on alleged non-distinctiveness and concerns about potential public confusion.
The Court criticizes the senior examiner's application handling, noting a lack of comprehensive consideration of the evidence presented by Audi AG and insufficient engagement with the legislative provisions. Justice Manish Pitale emphasizes the need for the matter to be reconsidered by the senior examiner.
Consequently, the court overturns the September 2021 denial and directs the senior examiner to reevaluate the application. The senior examiner is given two weeks to deliver a reasoned conclusion on the matter.
Audi's legal team led by Karan Khiani, Rohan Lopes, and Shubham Shende, contend that the senior examiner disregards critical evidence supporting the trademark's distinctiveness.