In a notable development for India’s electric vehicle (EV) and clean-tech sectors, the High Court of Delhi has referred a trademark dispute between Kushmanda Power Limited (KPL) and Ola Electric to mediation, emphasizing the importance of pre-registration conflict resolution and the evolving nature of trademark rights in emerging industries.
The matter, heard by Justice Saurabh Banerjee, revolves around the contested use of the term “Bharat Cell”—a brand associated with lithium-ion EV battery cells. KPL, a player in the battery pack manufacturing segment, approached the Court in May 2025, alleging trademark infringement and passing off by Ola Electric. KPL claims prior use and goodwill under the name “BHARATCELL,” while Ola Electric had introduced its own “Bharat Cell” battery in August 2024, promoting it as an indigenously developed 4680-format lithium-ion cell.
Interestingly, neither party holds a registered trademark for the disputed term. According to records from the Indian Trade Marks Registry, KPL’s application for “BHARATCELL” is under opposition, while Ola Electric’s application for “Bharat Cell” is still at the preliminary stage. This creates a grey zone where the legal enforceability of trademark rights is not yet crystallized, a point explicitly noted by the Court.
Justice Banerjee acknowledged the lack of urgency and concluded that the matter is ripe for resolution via mediation, directing the parties to the Delhi High Court Mediation and Conciliation Centre under Section 12A of the Commercial Courts Act, 2015. This section encourages parties to pursue pre-institution mediation in cases where no urgent relief is sought.
From an IP standpoint, this case highlights several critical issues:
- Importance of Early Trademark Filing and Vigilance: KPL’s delay in initiating legal action, despite Ola’s public announcement of “Bharat Cell” in 2024, may weaken its position under the doctrine of acquiescence or laches.
- Pre-Registration Conflicts: Disputes over trademarks that are not yet registered underscore the need for robust brand clearance searches and watch services, especially in sectors where innovation is rapid.
- Passing Off Without Registration: Indian IP law still allows parties to seek protection through common law rights under the tort of passing off, provided they can establish goodwill and misrepresentation.
- Mediation as a Strategic Tool: The Court’s proactive referral to mediation reflects the judiciary’s growing inclination toward alternative dispute resolution (ADR) in IP cases, particularly where trademark rights are still evolving.
With the next hearing slated for August 2025, stakeholders across the EV, battery, and IP domains will closely watch whether this dispute results in an amicable settlement or proceeds toward a more contentious litigation path.
As India accelerates its transition to cleaner technologies, the protection of brand identity and IP assets will remain pivotal for business differentiation and consumer trust. This case serves as a timely reminder for startups and tech giants alike to build strong IP portfolios and adopt a forward-looking legal strategy.
