Bombay High Court Relief For Yamaha In Trademark Dispute With Honda

In a significant relief for Japanese automaker Yamaha, the Bombay High Court has set aside an order that denied it the registration of the ‘WR’ trademark, which was considered similar to Honda Motor Company’s already registered ‘WR-V’ mark. The court directed the Registrar of Trade Marks to adjudicate the matter afresh.

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On June 13, Justice Manish Pitale observed that while Yamaha’s ‘WR’ and Honda’s ‘WR-V’ could potentially cause confusion in the minds of the public, the registrar should have considered the case as involving exceptional circumstances. The court noted that instead of outright rejection, the registrar ought to have advertised Yamaha’s application inviting public objections before making a final decision.

Justice Pitale criticised the “cryptic” nature of the registrar’s 2021 order, highlighting that it ignored Yamaha’s claim of international use of the ‘WR’ trademark since 1990 and the company’s global reputation. The court stated that the registrar could have issued a more detailed and reasoned order.

The registrar had cited potential confusion under Section 11(1) of the Trade Marks Act, noting that both marks were in Class 12, which covers motorcycles. While the court accepted this reasoning, it emphasised that Yamaha’s longstanding international use of the ‘WR’ mark warranted deeper consideration.

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Yamaha had argued that its ‘WR’ trademark pertained to motorcycles, while Honda’s ‘WR-V’ was associated with cars, and both had coexisted globally. The company adopted the trademark in August 1990 and has used it across 131 countries since 1999. The High Court quashed the registrar’s rejection order and directed the authority to advertise Yamaha’s application under Section 20(1) of the Trade Marks Act and proceed further as per law.

(With inputs from PTI)