Resilient Innovations or BharatPe, which recently launched a ‘buy now pay later’ app under the trademark “postpe”, has filed six cancellation actions against the multiple registrations held by PhonePe for the ‘PE’ device mark in Devanagari script, at the intellectual property division of the Delhi High Court.
“By taking on a trademark for the ‘PE’ device mark in Devanagari script in classes relating to payment services in a country like India, where Hindi is the primary language of the masses, PhonePe has acted against the larger public interest, and Resilient is committed to undoing this,” Resilient Innovations said on Tuesday.
A company statement further said that PhonePe has been asserting its registration for the ‘PE’ device mark in Devanagari script as equivalent to the English word “pay”.
“This was the same position taken by PhonePe in a recent case filed by it before the Bombay High Court against Resilient’s use of the mark ‘postpe’, which stands withdrawn at present,” it further said.
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Earlier this year, the Delhi High Court had rejected PhonePe’s assertion of exclusivity over the usage ‘PE’ at the interim stage. Even the Bombay High Court rejected PhonePe’s assertion at the interim stage.
“Both courts noted that the word ‘PE’ was prima facie incapable of protection as a trademark standalone,” the company said.