The Delhi High Court in the case of Yatra Online Limited vs Mach Conferences and Events Limited examined whether a business can claim exclusive trademark rights over a common and descriptive word like “Yatra” for travel related services.
The dispute arose when the defendant used the marks BookMyYatra and BookMyYatra.com, which the plaintiff alleged were deceptively similar to its registered trademarks. The plaintiff claimed trademark infringement and sought protection against the defendant’s use.
After examining the matter, the Court observed that the word “Yatra” is generic and descriptive in nature, meaning journey or travel. Since generic words cannot be monopolised under trademark law, the Court refused to grant exclusive rights over the word alone.
The Court also noted that the plaintiff’s trademark registration contained disclaimers restricting exclusive rights over the word “Yatra”. The mark was assessed as a whole, and the Court held that no strong case for interim injunction was made out.
As a result, the application seeking monopoly over the word was dismissed.
Key Legal Principles from the Case Trademark protection does not extend to common descriptive words unless they acquire distinctiveness through extensive use, and when a trademark registration contains disclaimers, the owner cannot later claim exclusive rights over the disclaimed portion.
Courts analyse trademarks in their entirety while determining the likelihood of confusion and give importance to the overall commercial impression of the mark. Distinctive branding elements therefore provide stronger legal protection compared to generic or descriptive terms.