Hello, 6E: Whose brand is it anyway?

4 min read 16 Dec 2024, 05:30 AM IST

Ever since it started flying, IndiGo has been using 6E far more than a mere airline call sign. Mahindra names—and then withdraws—its latest electric SUV as BE 6e. Who is right?

Mahindra has agreed not to use the name '6e' for now.

In a marketplace where even the simplest code can signal brand identity, low-cost airline IndiGo’s tussle with automaker Mahindra and Mahindra over “6E" poses a fundamental question: when does a combination of letters and numbers stop being generic and become proprietary brand turf?

At first glance, the dispute seems unusual. IndiGo, India’s largest airline, uses 6E as its call sign, a unique identifier in aviation. Over 16 years, 6E has transcended its role as a flight code, with IndiGo smartly marketing it to promote punctual and affordable services. Mahindra’s attempt to use 6e (with ‘e’ in small case) for its latest electric SUV spotlights whether a code that originated in one sector can be freely reused in another.

A code that transcends its roots

For IndiGo, 6E isn’t just an operational designation; it’s woven into the brand’s DNA. Harish Bijoor, a business and brand strategy specialist and founder of Harish Bijoor Consults Inc., says, “IndiGo’s claim and perspective have been that it has been using 6E in a rather involved manner on its brand. To an extent, its brand identity is defined by 6E which… is pronounced to an extent as ‘sexy’... Over the last possibly 16 years or more, IndiGo has been using 6E, and that has become part of its brand identity kit.

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“Any other brand using 6E in the same manner as IndiGo does tends to lessen the solus ownership attitude of IndiGo… they’ve sat up and protested," Bijoor added.

A matter of trademark law

Legally, IndiGo’s trademark is in Class 39 which covers transport services, not Class 12 which covers vehicles. Kaushik Moitra, partner at Bharucha & Partners, explains, “Cars would be under Class 12 for goods, while 6E is registered under Class 39… Had they (IndiGo) registered under Class 12 as well for vehicles, they could claim exclusive rights. Since that’s not the case, the likelihood of confusion is fairly low," Moitra added.

With Mahindra agreeing not to use 6e for now, both sides are waiting for a final ruling, likely in April next year.

Meanwhile, Sandeep Goyal, chairman of Rediffusion, an advertising agency, noted that while registering a code like 6E is tough, IndiGo has done it successfully over the years.

“The moot question is whether the 6E trademark covers automobiles too. Mahindra must have found an aperture of opportunity. So, it will be an interesting fight. The 6E pronounced as ‘sexy’ is where the lure is for all brands—so Mahindra too is chancing it," Goyal said.

Proactive brand protection

In a converging marketplace, brands need to think ahead. Ramesh Narayanan, founder of Canco Advertising and director, strategy, at the Asian Federation of Advertising Associations, advises, “One should register a trademark and a design early in the day. Be confident that your trademark and design are such that others might want to copy it."

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He adds that covering closely related sectors is sensible… at least “across similar sectors." In really diverse sectors, it may not really make a difference, Narayanan said.

Protecting brand associations

“6E is a symbol that IndiGo uses widely, not just the airline code. It’s used in the name of the magazine and most other points. IndiGo is justifiably upset because the areas (aviation and automobiles) are mobility-related and quite close," Narayanan said. He added that consumers shouldn’t have to decode overlapping brand cues. “A brand should not be seen as a copycat brand. Definitely not a brand as large as Mahindra."

Learning from past conflicts

The IndiGo-Mahindra clash is hardly unique. Indian and global markets offer ample precedents of brands fighting to protect their identifiers.

In some earlier cases, dairy cooperative Amul succeeded in preventing another company from using “Amul Spray," preserving its goodwill in dairy. Similarly, in the Tata Sons vs Hakunamatata Tata case, Tata successfully blocked a cryptocurrency firm from using the Tata name. In the Coca-Cola vs Bisleri case, the global giant secured rights to the “Maaza" trademark globally, stopping Bisleri from using it elsewhere.

But in a similar case, when Tata Motors objected to InterGlobe Aviation using the brand name IndiGo, it failed on the ground that indigo is a colour, and generic terms are harder to protect.

Controversy as a double-edged sword

Curiously, such disputes may benefit both brands. Bijoor observed, “Controversies are always good for the brands… the controversy is great for IndiGo, the 6E airline, and it’s great for Mahindra’s BE 6e (now BE6), enough to put both into the spotlight."

As industries overlap—travel, mobility, hospitality and beyond—brands must recognize that even alphanumeric codes can be valuable intellectual property. The IndiGo-Mahindra tussle underscores the importance of proactive trademark strategies and the need to navigate evolving brand ecosystems carefully.

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Ultimately, the answer to the question—Whose brand is it anyway?—hinges on how brands stake their claim to simple identifiers. The view held by Rediffusion’s Goyal that 6E is a tough code to register yet highly coveted due to its phonetic twist shows that a code’s power lies not just in legal documents, but also in the cultural and consumer resonance it attains. In a world where a few characters can define an entire brand persona, every letter and number matters.

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ABOUT THE AUTHOR

Gaurav Laghate

Gaurav Laghate is a journalist with extensive experience in the media and entertainment industry. He currently serves as Senior Editor at Mint, where he oversees the consumer vertical. With a career spanning over 15 years, Laghate has established himself as an expert in business journalism, particularly focusing on the Indian market, technology, media, sports business, and corporate investments. Before joining Mint, Laghate worked with several notable publications such as The Economic Times, Business Standard and Television Post, where he tracked industry trends and provided in-depth analyses on various topics within the media and entertainment sectors. His work is known for its insightful commentary and detailed reporting on mergers, company strategies, new product launches, and industry insights from key players.