BharatPe moves Delhi HC seeking cancellation of PhonePe’s trademarks for ‘Pe’

BharatPe filed 6 “cancellation actions” with the intellectual property division of Delhi High Court, asking it to scrap multiple registrations held by PhonePe for the 'Pe' device mark in Devanagari script.

“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,” said a spokesperson for Resilient Innovations, the parent company of BharatPe.

“PhonePe has been asserting its registration for the “Pe” device mark in Devanagari script as being equivalent to the English word Pe/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in a recent case filed by it before the Bombay high court against Resilient’s use of the mark “Postpe”, which stands withdrawn at present," statement from BharatPe added.

PhonePe is in the process of filing a revised case on the matter in Bombay high court. The Bombay high court last week had rejected PhonePe’s assertion of exclusivity over the word “Pe” at the interim stage. PhonePe had filed a fresh lawsuit against BharatPe’s ‘buy now, pay later’ (BNPL) app PostPe for trademark violation. PhonePe had approached the Bombay high court seeking an injunction to restrain Resilient from misusing PhonePe's registered trademarks by using and promoting the marks “PostPe” or “postpe”, the Bengaluru-based firm had said in a statement.

“Even though both the Delhi high court and the Bombay high court have prima facie found PhonePe’s assertion to be incorrect, Resilient has filed these cancellation actions to provide a level-playing field to all stakeholders in the digital payment space once and for all,” the spokesperson of BharatPe added.

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