[TusharK]

Bangalore-based EV start-up Ultraviolette is said to have filed a formal opposition against Hero MotoCorp for using the 'X440' name for the made-in-India Harley-Davidson.



Ultraviolette, which currently offers the F77 electric motorcycle, had filed a trademark for the 'X44' name back in September 2022. The trademark has since been accepted by the patent office.

About 2 months later, Hero MotoCorp applied for the 'X440' name, which is being used for its locally-built cruiser that was co-developed with Harley-Davidson. As per the national filings portal, the trademark is yet to be accepted, and its current status shows 'opposed'.



According to reports, Ultraviolette issued a notice of opposition to the Hero MotoCorp trademark in early September. Hero MotoCorp has 60 days to respond to the objection raised by the EV maker.

Source: Car and Bike

Link to Team-BHP News

[commander.sri]

Interesting information. Not sure of the regulations in this aspect but can't someone have trademark a name which is close to an already trademarked one? like in this case x44 and x440?

[GTO]

Ultraviolette could have a strong case here. Both are motorcycle makers; X44 & X440 are pretty darn similar. Matter could still be argued if they were in different product categories, but IMHO, Ultraviolette has the upper hand here.

Hero MotoCorp's application number clearly shows it was applied after Ultraviolette's.

If Mercedes sells the S500, it will be pretty difficult for someone else to sell a car named S5000.

Hero MotoCorp should settle the case out-of-court.

[Black_Star]

Originally Posted by GTO

Hero MotoCorp should settle the case out-of-court.

Pretty hilarious and embarassing for both Hero and Harley is you ask me, Ultraviolette has the chance to milk them otherwise both risk losing face.

[antz.bin]

Harley have not delivered any X440s, even test rides are elusive. There is still time to course correct and reposition the X to rename it the 440X. But won't that be too similar to the Triumph Scrambler 400X? But I guess that can fly since the Harley really is 440cc.

Tata had done a renaming exercise when they renamed the Zica to the Tiago pre-launch due to the virus by the same name. So, there is precedent that it can be done successfully. Heck, we are renaming the name of the country altogether so I guess its not a big deal .

[libranof1987]

Originally Posted by commander.sri

Interesting information. Not sure of the regulations in this aspect but can't someone have trademark a name which is close to an already trademarked one? like in this case x44 and x440?

IP laws can very stringent. In this case, X44 and X440 are being contested when they're at least in the same industry and sub-segment (two-wheelers). Lawyers may clarify the exact nature of the case, but it is said that Ford had to choose a different name for the global Everest (Endeavour) in India to avoid legal complications over naming/branding rights with Everest spices.

Of course, brands often allow the use of a trademark through agreements.

I wonder how Hero allowed this to happen; Legal teams are generally very thorough and hawk-eyed when it comes to these sort of situations.

[subincb]

Originally Posted by GTO

Ultraviolette could have a strong case here. Both are motorcycle makers; X44 & X440 are pretty darn similar. Matter could still be argued if they were in different product categories, but IMHO, Ultraviolette has the upper hand here.

Hero MotoCorp's application number clearly shows it was applied after Ultraviolette's.

If Mercedes sells the S500, it will be pretty difficult for someone else to sell a car named S5000.

Hero MotoCorp should settle the case out-of-court.

Honda had S500 a classic car. Mercedes and Honda at same period had S300 and Honda S3000. These numbers following company name should not be a problem even if it was exactly the same name. Now this is not even same name. No one is going back to mistake Har/ey X440 for UV X44.

[GTO]

Originally Posted by subincb

Honda had S500 a classic car. Mercedes and Honda at same period had S300 and Honda S3000.

Either:

- It was not at the same time. The Honda S500 was a classic car, while Mercedes started using the S500 style nomenclature only with the W140 in the 1990s. Prior to that, the badging was different = e.g. Mercedes 500SEL (W126)

- Or in the same country. Some cars are renamed in India specifically because someone else already owns that brand name here

- The two manufacturers had a mutual agreement

These numbers following company name should not be a problem even if it was exactly the same name

Not true. Maruti cannot launch a Maruti Thar just like Mahindra cannot launch a Mahindra Jimny.

[marcussantiago]

Strange that Hero went public with the X440 name before the trademark was properly filed and sorted out, and while there was already a bike with a similar enough name. Not the kind of mistake you'd expect from a huge corporation like Hero or Harley. Makes you wonder what they were thinking / doing.

[ani_meher]

We get to know upcoming motorcycles which sometimes don't even see the light of the day, by their copyrighted names. For example, Honda patents their designs and names in India even though they may or may not launch it. For example Honda Brigade (expected to launch by year end).

I echo above sentiment, surprising to see a bike launch without a trademarked name.

[noo.b]

Imagine all this trouble for a bike that's not even going to sell. I feel bad for Hero - Harley

[Samarth 619]

IP laws are very confusing and to a small extent, perception oriented and subjective.

For example, Sardarbaksh Coffee is considered a trademark violation of Starbucks.
Patel-G Biscuits is a copy of Parle-G, but this one is obvious.

A website was launched by Make My Trip, called oktatabyebye.com and guess who sued them... Tata. And they won. (2009)


In this case, I'm sure Hero-Harley are in trouble for something that may not even sell so well, like @n.oob pointed out before me. Let's hope they reach an out of court settlement, with Ultravoilette benefitting from it overall.
Although yes, I have no reason to doubt Hero's intentions as such. Let's be honest, how many have actually heard of X44 from Ultravoilette? So if we haven't, wy would Hero try to encash it. Clearly, Hero is most likely to have done just a mistake.

[ajay0612]

Originally Posted by GTO

Ultraviolette could have a strong case here. Both are motorcycle makers; X44 & X440 are pretty darn similar. Matter could still be argued if they were in different product categories, but IMHO, Ultraviolette has the upper hand here.

Hero will surely win, if they contest. Ultraviolette itself is not popular brand x44 not launched yet. So Hero in no way benefitting from using X440 name (which is different from x44).
For argument sake, x440 has already been launched and HD brand is way more popular potentially benefitting x44 sales in future.
(Although Registration of x44 by Ultraviolette has pre-empted any future challenge from Hero-HD).

[puntra800]

Originally Posted by ajay0612

Hero will surely win, if they contest. Ultraviolette itself is not popular brand x44 not launched yet. So Hero in no way benefitting from using X440 name (which is different from x44).
For argument sake, x440 has already been launched and HD brand is way more popular potentially benefitting x44 sales in future.
(Although Registration of x44 by Ultraviolette has pre-empted any future challenge from Hero-HD).

I guess it finally boils down to the legal team arguing the case if at all it reaches that stage, Ultraviolette can always argue saying it has hindered their plans of launching X44. IMHO in all probability this will get settled out of court.

[Samarth 619]

" In a recent development, Delhi High Court has issued a notice to Hero MotoCorp demanding an explanation for the usage of the name X440. In the order dated 12th October, the High Court has provided Hero MotoCorp with time till October 26th to provide an explanation or argument from its side. Following the submission from Hero's side the next hearing of the case will take place on November 7th. "

"It should be noted that in case Hero Motocorp loses this case, it will need to rename the X440 as the company will lose the legal rights over the name in that case. It should also be noted that Hero MotoCorp recently filed trademark for two names 'Hurikan' and 'Hurikan 440'. That said, TOI Auto cannot confirm at this stage if these names have been zeroed upon as replacement for the X440 or not."


Source, Read more at: https://timesofindia.indiatimes.com/.../104490488.cms


Interesting updates, I might add. Hurikan is definitely a unique name, maybe derived from Hurricane.