Bajaj Auto moves Delhi High Court for cancellation of LML’s ‘Freedom Grand 125’ trademark

Two-wheeler giant Bajaj Auto has moved the Delhi High Court seeking the cancellation of the trademark ‘Freedom Grand 125’ registered in favour of the automobile company Lohia Machinery Limited (LML), which used to manufacture a series of bikes under the name 'Freedom' in the early 2000s [Bajaj Auto Ltd v. LML Ltd]..In 2024, Bajaj released a series of motorbikes under the names 'Freedom', and 'Freedom 125 CNG.' However, it was later sued for trademark infringement by SG Corporate Mobility, which acquired the 'Freedom' and 'LML' marks in 2021. The original LML shut down operations in 2017 and is currently undergoing liquidation. Bajaj has now moved the Court to cancel the present trademark registrations for 'Freedom', so that it is free to use the same for its motorbikes. Justice Amit Bansal, who heard the case today, issued notice to the defendants, including the Registrar of Trademarks, and directed them to file a response. The judge further directed Bajaj to implead LML’s liquidator as a party to the case. The case is expected to come up for further hearing in February 2025. .LML had originally introduced the 'Freedom' motorcycle in 2002, establishing significant brand recognition. SG Corporate Mobility acquired the 'Freedom' and 'LML' trademarks in 2021, along with their associated goodwill.In the present case, Bajaj Auto has contended that the 'Freedom' mark had not been used for quite sometime and, therefore, has sought the cancellation of its existing trademark registration. When a trademark is canceled in India, the legal rights associated with that trademark are nullified, and it is no longer protected under the Trade Marks Act, 1999.Currently, the ‘Freedom Grand 125’ is a registered trademark under class 12, which covers two wheelers. This registration is valid until 2034, according to the trademark registry’s website.Thus, Bajaj has filed an application to cancel the registration, so that it is free to use the mark instead. .In October 2024, SG Corporate Mobility, which now owns the mark ‘Freedom Grand 125’ filed a suit against Bajaj Auto in the Delhi High Court, alleging the unauthorized use of the 'Freedom' trademark. Though this suit was listed on October 1, the same was eventually adjourned till February 2025 without any interim orders being passed. .LML, once a prominent name in India's two-wheeler market, enjoyed initial success in the 1980s and 1990s. Known for its partnership with Italian manufacturer Piaggio, LML produced the iconic Vespa scooters, becoming a household name. However, the collaboration ended in 1999, and LML started manufacturing its own scooters and motorcycles, such as the LML Freedom. Despite its early popularity, the company struggled to compete with motorcycle-focused brands like Hero Honda and Bajaj. Financial troubles, management challenges, and an inability to adapt to changing market demands led to a decline. By 2006, LML filed for bankruptcy, and operations were eventually suspended in 2017 after repeated restructuring attempts failed.In 2021, SG Corporate Mobility Pvt. Ltd. acquired the LML brand, aiming to revive it as an electric vehicle (EV) company. The new LML announced plans for electric scooters and motorcycles, unveiling concepts like the LML Star e-scooter in 2023..Bajaj Auto was represented by Agarwal Law Associates. SG Mobility was represented by Advocates Pravin Anand, Jaya Negi and Yashi Agarwal.