Indian EV startup, Ultraviolette Automotive, had recently opposed the Hero MotoCorp, Harley-Davidson co-developed motorcycle X440 . Ultraviolette argued that the newly-launched mid-capacity motorcycle bears a nameplate which is very similar to the ‘X44’ trademark application it had filed in September 2022. Hero MotoCorp, on the other hand, filed its trademark application for ‘X440’ on November 8, 2022.
In fact, when we previously reported about the matter, the status of Ultraviolette’s trademark application on the national filings portal stood as ‘Accepted and Advertised’. On the other hand, Hero’s application, due to UV’s dispute, said ‘opposed’.

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In a recent development, Delhi High Court has issued a notice to Hero MotoCorp demanding an explanation for the usage of the name X440. In the order dated 12th October, the High Court has provided Hero MotoCorp with time till October 26th to provide an explanation or argument from its side. Following the submission from Hero's side the next hearing of the case will take place on November 7th.
As per the court's order, the defendant Hero MotoCorp, needs to come up with a reply by October 26, 2024. Post that, Ultraviolette will have to file the rejoinder (a counter to Hero’s reply) by 2nd November.
We have reached out to Hero MotoCorp asking their comment on the matter and their response is awaited.
It should be noted that in case Hero Motocorp loses this case, it will need to rename the X440 as the company will lose the legal rights over the name in that case. It should also be noted that Hero MotoCorp recently filed trademark for two names 'Hurikan' and 'Hurikan 440'. That said, TOI Auto cannot confirm at this stage if these names have been zeroed upon as replacement for the X440 or not.
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This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.

Our Intellectual Property team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. We handle trademark, copyright and IP enforcement.

Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.

Exclusive: Heromotocorp Ultraviolette 'X440'

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