Bombay High Court Orders Removal Of 'VISTARRAAH' Trademark Over Similarity To Air India's Vistara Airline

Holding that it was deceptively similar to Air India's VISTARA airline brand, the Bombay High Court has directed the removal of the trademark “VISTARRAAH” from the Trade Marks Register. Justice Arif S Doctor passed the order on December 10, 2025, while allowing a rectification petition filed by Air India. The Court held that permitting the disputed mark to remain on the register would be contrary to law and would undermine the integrity and purity of the trademark system. Air India told the Court that it is the registered proprietor of the “VISTARA” trademark in several classes in India, with registrations dating back to 2014. The airline pointed out that the mark has been recognised as a well-known trademark by the Delhi High Court and is also included in the official list of well-known marks maintained by the Trade Marks Registry. Vistara is an Indian full-service airline brand that was launched as a joint venture between Tata Sons and Singapore Airlines. The brand was announced in August 2014 and commercial operations commenced in January 2015. According to Air India, the Vistara mark acquired substantial goodwill and reputation through extensive use, promotion and wide consumer recognition across the country. The airline challenged the registration of the mark “VISTARRAAH” in Class 31, which covers agricultural and horticultural goods. The mark was registered in the name of Girish Basrimalani with a user claim dating back to February 2017. Air India argued that it also holds trademark registrations in allied and related classes and uses the Vistara brand in connection with services involving food and hospitality, making confusion among consumers likely even if the goods were different. It was further submitted that Basrimalani had filed several identical or similar trademark applications across multiple classes. Many of these applications were later withdrawn, refused, or deemed abandoned after objections were raised. Air India argued that this pattern showed an absence of any bona fide intention to use the mark and an attempt to capitalise on the goodwill associated with the well-known Vistara brand. Although notice of the proceedings was served, Basrimalani did not appear before the court or contest the petition. The court therefore proceeded ex parte and noted that there was no material on record to show honest adoption, bona fide use, or any lawful justification for registration of the disputed mark. After comparing the rival marks, the court held that “VISTARRAAH” is phonetically identical and visually and structurally similar to “VISTARA.” It observed that minor differences in spelling or stylisation do not change the overall impression likely to be formed by an average consumer with imperfect recollection. The court held that registration of such a mark violates the Trade Marks Act, which bars registration of marks that are identical or confusingly similar to earlier trademarks. It observed that adoption of a deceptively similar mark without due cause is inherently detrimental to the distinctive character and reputation of a well-known trademark. Emphasising that well-known trademarks enjoy a higher degree of protection even in relation to allied or related goods, the court held that use of the disputed mark was likely to mislead the public into assuming an association with Air India's Vistara airline brand. The Court also noted that Basrimalani was aware of Air India's rights through cease-and-desist notices and opposition proceedings, and held that his conduct reflected bad faith. Referring to the Supreme Court's ruling in Khoday Distilleries Limited v. Scotch Whisky Association, the Court observed that trademarks adopted in bad faith undermine the purity of the Trade Marks Register and are liable to be removed. The court accordingly allowed Air India's rectification petition and directed that the trademark “VISTARRAAH” be removed and cancelled from the Register of Trade Marks. Case Title: Air India Ltd. v. Girish Basrimalani Case Number: Commercial Miscellaneous Petition No. 439/2022 For Petitioner: Advocates Geetanjali Vishwanathan, Drumi Nishar instructed by Mayank Samuel For Respondents: Advocates Yashodeep Deshmukh, Ashutosh Mishra and Vaidehi Pradeep for R-2.Click Here To Read/Download Order

Bombay High Court Orders Removal Of 'VISTARRAAH' Trademark Over Similarity To Air India's Vistara Airline

Ayushi Shukla

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