Court finds no deceptive similarity between Volkswagen's '4MOTION' and Maruti Suzuki's 'TRANSFORMOTION', affirms distinctiveness and visual dissimilarity.
In a significant judgment passed by the Delhi High Court on March 12, 2026, the court dismissed the appeal filed by Volkswagen AG against the Registrar of Trade Marks' decision to register the trademark 'TRANSFORMOTION' by Maruti Suzuki India Limited. The court found no deceptive similarity between Volkswagen's trademark '4MOTION' and Maruti Suzuki's 'TRANSFORMOTION'.
Volkswagen AG had initially opposed the registration of 'TRANSFORMOTION', claiming phonetic, visual, and conceptual similarities to its own mark, '4MOTION'. However, the court, presided over by Justice Manmeet Pritam Singh Arora, held that the prefix 'TRANS' in Maruti Suzuki's mark sufficiently distinguishes it from Volkswagen's mark. The court emphasized that trademarks must be assessed as a whole, and dissecting them to compare parts is impermissible.
The court noted that the word 'MOTION' is generic within the automobile industry and emphasized the importance of the uncommon elements in the trademarks for differentiation. The judgment highlighted that 'TRANSFORMOTION' conveys a distinct idea of transformation in technology, unlike Volkswagen's '4MOTION', which denotes a specific technology feature.
Furthermore, the court observed that both companies enjoy substantial goodwill in the Indian market, and their products, being cars, are purchased after significant deliberation by consumers. Thus, the likelihood of confusion among consumers was deemed negligible. The court also considered that Maruti Suzuki had commenced the use of 'TRANSFORMOTION' prior to Volkswagen's use of '4MOTION' in India.
The ruling underscores the importance of distinctiveness in trademarks and reinforces the principle that marks should be considered in their entirety when assessing similarities. The judgment is seen as a reaffirmation of the standards for evaluating trademark disputes in India.
Bottom Line:
Trade Marks - Comparison of rival marks '4MOTION' and 'TRANSFORMOTION' - Held, no deceptive similarity exists - Marks must be compared as a whole, and dissecting marks to compare parts is impermissible.
Statutory provision(s):
Trade Marks Act, 1999 Section 91
Volkswagen AG v. Registrar of Trade Marks, (Delhi) : Law Finder Doc id # 2865093
