'Yatra' Is A Generic Word, Can't Be Declared Well-Known Mark: Delhi High Court Denies Interim Injunction To Travel Company
The Delhi High Court has ruled that the word “Yatra” is a generic and descriptive word, over which no monopoly can be claimed by travel company Yatra Online Limited. Justice Tejas Karia said that though the mark 'YATRA' is dominant, but the travel company cannot claim monopoly over it as the same is generic and commonly descriptive for the service of travel and tourism.The Court dismissed...
The Delhi High Court has ruled that the word “Yatra” is a generic and descriptive word, over which no monopoly can be claimed by travel company Yatra Online Limited.
Justice Tejas Karia said that though the mark 'YATRA' is dominant, but the travel company cannot claim monopoly over it as the same is generic and commonly descriptive for the service of travel and tourism.
The Court dismissed the interim injunction filed by Yatra in its trademark infringement suit against Mach Conferences and Events Limited.
Yatra had objected to Mach's trademark registration applications for the marks BookMyYatra and BookMyYatra.com on the ground that the defendant entity's move was in bad faith, done with an intention to harp on its reputation and goodwill due to the long and extensive use of the Marks 'YATRA' or 'YATRA.COM'.
Rejecting Yatra's interim injunction application, the Court said that generic and commonly descriptive marks, which describe the nature of the business or the services, cannot be exclusive to the proprietor of the registered trade mark.
It added that the word 'YATRA' is a synonym for travel in Hindi and that a generic or commonly descriptive word can never become trade marks on their own as they never acquire distinctiveness or a secondary meaning.
“The word 'YATRA' cannot be said to have acquired a secondary meaning. For acquiring a secondary meaning, the primary meaning of the said expression has to be lost and left behind. The claim of a secondary meaning has to satisfy that although the primary meaning of the expression with which it began, no longer means what it used to prior to the adoption by the Plaintiff. Hence, to hold that 'YATRA' has acquired a secondary meaning, the Plaintiff has to demonstrate uninterrupted use for considerable length without any competitor attempting to use the said Mark,” the Court said.
Further, Justice Karia observed that no infringement can be brought merely because of the use of the word 'YATRA' by the Defendant as 'YATRA' is a generic and a descriptive word.
The Court concluded that 'YATRA' cannot be held to be a well-known mark that is unmistakably relatable to the only source, i.e., Yatra Online Limited.
“The Plaintiff has not followed any such procedure for declaring 'YATRA' as a well-known Mark associated with the Plaintiff. The Plaintiff has also not sought any such declaration in this Suit. Given that 'YATRA' is a generic and descriptive word, it would not be open for the Plaintiff to claim it as a well-known Mark,” the Court said.
It added: “As 'YATRA' and '.com' both are generic and commonly descriptive, 'YATRA.COM' also is generic and cannot be protected under common law of passing off. Hence, the Defendant cannot be prevented from using the Impugned Trade Marks 'BOOKMYYATRA' and 'BOOKMYYATRA.COM'.”
Title: YATRA ONLINE LIMITED v. MACH CONFERENCES AND EVENTS LIMITED
Citation: 2025 LiveLaw (Del) 1009