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Yatra Online Limited, a leading travel-tech brand, filed suit against Mach Conferences and Events Limited, seeking to prevent use of thenames “BookMyYatra” and “BookMyYatra.com.” The Delhi High Court, led by Justice Tejas Karia, dismissed Yatra’s application, asserting that "Yatra" is a generic, descriptive term in Hindi (meaning ‘travel’) and cannot be exclusively trademarked.
Factual Background
- Plaintiff: Yatra Online Limited, a prominent travel booking platform with established brand identity, claimed to operate under the “Yatra” and “Yatra.com” marks since 2006, with a FY24 turnover exceeding ₹5,600 crore.
- Defendant: Mach Conferences and Events Limited applied to register trademarks including “BookMyYatra” and “BookMyYatra.com” for conference and MICE services.
Plaintiff’s Arguments
Yatra Online argued that it had built strong goodwill and brand reputation over nearly two decades. Its claims included:
- The defendant’s marks were deceptively similar and leveraged its brand’s goodwill.
- Yatra’s components (the word “Yatra”) had acquired secondary meaning and were distinctive in the travel industry.
- There was a risk of consumer confusion and trademark dilution.
Defendant’s Arguments
Mach Conferences countered by emphasizing:
- “Yatra” is a commonly used Hindi word meaning ‘travel’a generic descriptive term in the industry.
- No entity can monopolize such generic words, especially without formal recognition as a well-known mark.
- The addition of “BookMy” created distinct branding, differentiating it from Yatra Online’s mark.
Court’s Analysis & Judgment
Justice Karia’s ruling reaffirmed key trademark principles:
- Generic terms cannot be monopolized as trademark cannot be granted over words in common usage.
- Yatra failed to prove that “Yatra” had lost its primary meaning and acquired distinctiveness necessary to deserve exclusive rights.
- Plaintiffs’ own registrations carried disclaimers preventing exclusive rights over “Yatra.”
- The Court dismissed the interim injunction application and noted that granting it would compromise fair competition.
The interim injunction has been vacated.
- No exclusive rights over the word “Yatra” have been recognized in favor of Yatra Online.
- The case may impact how generic or descriptive words are treated in Indian trademark law going forward.
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Prepared by : Drashti S. Varmora (Advocate) |
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