Bombay HC Quashes Rejection Of Yamaha’s ‘WR’ Trademark Similar To Honda’s ‘WR-V’
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Bombay High Court sets aside order denying Yamaha’s ‘WR’ trademark over similarity with Honda’s ‘WR-V’. Court says authority ignored Yamaha’s global usage and reputation; directs fresh decision.
Mumbai: In a major relief to Japanese two-wheeler company Yamaha, the Bombay High Court has cancelled an earlier decision denying Yamaha the right to register a trademark similar to one that wasalready held by Honda Motor Company.
The court has now directed the Registrar of Trade Marks to reconsider Yamaha’s trademark application from the beginning.
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The case involved Yamaha’s attempt to register the trademark “WR”, which was opposed on the grounds that it could be confused with Honda’s existing trademark “WR-V”.
On June 13, Justice Manish Pitale delivered the judgment stating that although the two trademarks – Yamaha’s “WR” and Honda’s “WR-V” – may appear similar at first glance and could potentially create confusion among the public, the registrar should have followed a more fair and transparent process.
The court observed that the Registrar of Trade Marks should have treated Yamaha’s case as involving “exceptional circumstances” and instead of directly rejecting the application, it should have published an advertisement inviting public objections.
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This process would have allowed people to raise concerns if they had any, before making a final decision.
The court criticised the registrar’s order as being very brief and lacking proper reasoning.
It said,
“a bare perusal of the two trademarks — Yamaha’s WR and Honda’s WR-V — may cause confusion in the minds of the public, the authority ought to have considered the case as exceptional circumstances and issued an advertisement seeking objections from the public before rejecting Yamaha’s application.”
Furthermore, the court highlighted that the registrar completely ignored Yamaha’s claim about its international recognition.
Yamaha had informed the authority that it had been using the “WR” mark globally since 1990. The judge pointed out that this important information was not taken into account while rejecting the application.
The court remarked,
“the authority, in its ‘cryptic’ order, completely ignored the claim of Yamaha’s international reputation while refusing the application and the fact that the company has been using the WR trademark internationally since 1990.”
The decision of the Bombay High Court now means that the Trade Marks Office will have to re-evaluate Yamaha’s application in a proper and lawful manner, taking into account all the relevant facts, including the company’s longstanding international usage of the “WR” mark.
