The aviation industry is one of the most brand-intensive sectors globally. Airlines not only provide transportation services but also offer a comprehensive experience encompassing safety, reliability, hospitality, loyalty programmes, cargo services, and supplementary services. In such a highly competitive environment, trademarks play a pivotal role in distinguishing one airline’s services from another and in building long-term consumer trust. Airline names, logos, taglines, and even distinctive service marks function as critical indicators of origin and quality. Consequently, the protection and enforcement of trademarks hold particular significance in the aviation sector, where reputation and goodwill directly influence consumer choice and commercial success.
Given the scale of operations and the visibility of airline brands, trademark disputes in the aviation industry are both frequent and complex. These disputes often extend beyond identical services, such as passenger air transport, to include cargo handling, in-flight catering, airport lounges, merchandise, travel services, and co-branded products. Courts have consistently recognised that airline trademarks, owing to their extensive public exposure and advertising, tend to acquire a heightened level of distinctiveness and, in several cases, the status of well-known marks. As a result, attempts by third parties to adopt identical or deceptively similar marks, even for dissimilar goods or services, are closely scrutinised for dilution, unfair advantage, and bad faith.
Indian courts have, over time, adopted a robust approach towards protecting well-known marks in the aviation sector. The rationale is rooted in the fact that consumers are likely to assume a trade connection or endorsement when a familiar airline mark is used in relation to other goods or services. This approach aligns with established trademark principles that seek to prevent not only confusion but also erosion of brand value and free riding on established goodwill. Aviation trademarks, therefore, enjoy protection that extends well beyond the core activity of air transport.
These principles were recently reasserted by the Bombay High Court in Air India Ltd. vs Girish Basrimalani Trading as T.G. Exports and Anr. (Commercial Miscellaneous Petition No. 439 of 2022), a decision that highlights the strength of trademark protection available to airline brands in India. In this case, Air India Limited, which operates the well-known airline brand “VISTARA”, sought rectification and removal of a deceptively similar trademark registered by the respondent in Class 31 for agricultural and allied products. Although the impugned registration did not relate to aviation services per se, Air India contended that the mark was phonetically, visually, and structurally identical to its well-known trademark and that its continued presence on the register was likely to cause confusion, dilute distinctiveness, and damage goodwill.
The Court accepted Air India’s submissions and placed significant emphasis on the well-known status of the “VISTARA” mark, its prior adoption, and its extensive use across services connected with travel, hospitality, and food. The Court noted that airline services are not confined to transportation alone and that in-flight meals, airport lounges, and hospitality-related offerings form an integral part of the overall service experience. Against this backdrop, the use of a deceptively similar mark for goods in Class 31 was held to be capable of misleading consumers into believing an association or trade connection with the airline. The Court further took note of the respondent’s conduct, including multiple applications for identical marks across various classes and subsequent withdrawals or abandonment when challenged, which pointed towards a lack of bona fide intention and adoption in bad faith.
Importantly, the Court’s decision fortified the principle that well-known airline trademarks are entitled to protection across all classes of goods and services, irrespective of whether the impugned use falls within the core aviation sector. The Court relied on settled jurisprudence that prohibits dilution and tarnishment of reputed marks and emphasised the need to maintain the purity of the trademark register. By ordering the removal of the impugned mark, the Court sent a clear signal that opportunistic registrations seeking to capitalise on the reputation of airline brands will not be tolerated.
The reasoning in this decision is consistent with earlier judicial trends in India, where courts have restrained the use of well-known marks for unrelated goods to prevent unfair advantage and dilution. In cases involving reputed brands across industries, courts have repeatedly recognised that consumers associate known brands with a wide range of services and extensions, making cross-class confusion a tangible risk. In the context of the aviation industry, this risk is even more pronounced given the expansive nature of airline operations and brand extensions.
In conclusion, trademarks in the aviation industry are far more than mere identifiers; they are valuable commercial assets that comprise reputation, safety, and consumer trust built over years of investment and operations. Such judicial decisions reaffirm the commitment of the Indian courts to protecting airline trademarks against dilution, bad-faith adoption, and misuse across classes. As airline brands continue to diversify and expand their commercial footprint, proactive trademark enforcement and vigilant protection of brand identity will remain essential to safeguarding their goodwill and maintaining consumer confidence in an increasingly competitive aviation market.
Authors: Manisha Singh and Shivi Gupta
First Published by: Mondaq here