Aircooled VW South Africa

MUMBAI: Bajaj Auto may have unintentionally violated German car giant Volkswagen's trademark VW logo as per a cautionary notice recently made public.

Auto major Volkswagen came to India just 18 months ago but its history and logo began in 1938 with cars that targetted the masses. Volkswagen's logo is recognised worldwide as its primary identification, no suprise then that its venture in India comes with a trademark notice to protect the iconic trademark and goodwill.

The notice says Bajaj's newly revamped logo bears a striking similarity to Volkswagen's trademark VW logo. In fact, the logos are so similar that lawyers say even if it is an error or an inadvertent move on the part of Bajaj, the rendition falls under deceptive similarity, a common contention in trademark violations.

Officials with Bajaj Auto declined to comment on the matter. Volkswagen officials in Germany, when contacted, also declined comment but those familiar with intellectual property rights (IPR) norms say volkswagen has the advantage of 'transborder reputation' - a label that puts its logo in the class of trademarks easily noticeable across the world.

Bajaj Auto, on the other hand, was set up in 1945 and has the advantage of being in business for 60 years and enjoys a reputation of quality on its own standing. It can also claim product differentiation by virtue of being a two-wheeler operator although it is venturing into small cars along with Nissan-Renault.

If the matter does reach the court, the likely test will fall on whether the common man can distinguish between and/or recognise differences between the logos. Regardless of the outcome, it is likely that Bajaj may have to modify its logo in the long term.