HC overturns decision to refuse trademark registration for Yamaha's 'WR'
This story was originally published at 16:02 IST on 13 June 2025
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NEW DELHI – The Bombay High Court on Friday set aside the Registrar of Trade Marks' order that refused Japanese company Yamaha Hatsudoki Kabushiki Kaisha's application for registration for the 'WR' trademark. The high court asked the registrar first to advertise Yamaha's trademark application and then proceed in accordance with the law.
Under the Trade Mark Act, 1999, a trademark application is published in a trademark journal, allowing the public to examine and potentially oppose it. This advertisement occurs after the application is accepted by the registrar, or even before acceptance in certain circumstances. In the current case, the registrar had not put Yamaha's application for advertisement.
"This court is of the opinion that the petitioner has made out a case under proviso to sub-Section (1) of Section 20 of the Trade Marks Act and therefore, the registrar could not have refused to accept the application of the petitioner and a direction ought to have been issued for advertisement before acceptance, in the facts and circumstances of the present case," said Justice Manish Pitale.
Yamaha said that it had adopted the 'WR' mark in 1990 for its two-wheeler and three-wheeler products. The petitioner also intended to launch its 'WR' range of motorcycles in India. In 2018, the petitioner had applied for registration of the trademark for 'WR' for motorcycles, scooters and mopeds. However, in 2021, the registrar refused Yamaha's application stating that its mark 'WR' was not distinguishable from Honda Motor Company Ltd.'s mark 'WR-V'. Challenging the registrar's refusal, Yamaha moved the high court. End
Reported by Surya Tripathi
Edited by Saji George Titus
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