The ‘X44’ trademark by Ultraviolette Automotive was filed around two months prior to Harley-Davidson X 440 trademark filing
Hero MotoCorp partnered up with iconic American motorcycling giant Harley-Davidson and launched X 440. There is good reception to the bike, clocking over 25,000 bookings within weeks of launch. However, X 440 seems to have encountered a speed bump already in the form of a trademark tussle with Ultraviolette Automotive.
Ultraviolette Opposes X440 Name Trademark
According to a recent report, Ultraviolette Automotive has raised a formal opposition against X 440 name trademark filed by Hero MotoCorp. Ultraviolette Automotive seems to be concerned over the name X 440 overlapping with one of its own name trademarks – X44.
According to the report, people in the know-how have revealed that Ultraviolette has filed an opposition at the patent office against the wordmark ‘X 440’ that Hero MotoCorp used with their maiden product in partnership with Harley-Davidson. Where Ultraviolette is concerned, their opposition seems to have worked.
If we take a look at Hero MotoCorp-owned X 440 trademark file, status now says ‘Opposed’. Whereas Ultraviolette’s X44 trademark file status says ‘Accepted & Advertised’. Trademark files reveal that Ultraviolette Automotive filed X44 trademark application on 27/9/22 and Hero MotoCorp filed X 440 trademark 8/11/2022.
What happens if Ultraviolette wins this legal battle?
So, Ultraviolette’s trademark application is around two months older than Hero’s. If this legal tussle ends in Ultraviolette’s favour, Hero MotoCorp could lose the rights to X 440 name. Deliveries for Harley-Davidson X440 are around October 2023. Will deliveries of X 440 commence, if legalities escalate to that point by October? Only time will tell.
There is a possibility of Harley-Davidson X 440 retaining its rights over X 440 word mark. This is because there is a pronounced space between the character X and 440, which Ultraviolette’s X44 trademark lacks. Also, an argument can be made by Hero regarding the fact that they already have the product on sale, whereas Ultraviolette may or may not launch a product with its trademark.
Who will break the stalemate?
Neither company has made any official remarks regarding this issue. It is clear that Ultraviolette had intentions of carving out a new affordable motorcycle below its F77 with the name X44 (44 is lower in value as opposed to 77). Since Ultraviolette filed its trademark before Hero MotoCorp, it might have an upper hand.
This incident also sheds light on Hero MotoCorp’s previous trademark tussle with Hero Electric. That was ruled in favour of Hero Electric and the issue mainly revolved around the usage of word ‘Hero’ with Hero MotoCorp’s new EV lineup. Hence ‘Vida’ brand was created.
Source
Source: Bike - rushlane.com
