The Delhi High Court has ruled that words of generic or descriptive character, especially those used in everyday language, cannot be monopolised as trademarks. Justice Tejas Karia made this observation while rejecting an application by Yatra Online Limited, which had sought to restrain Mach Conferences and Events Limited from launching services under the names BookMyYatra and BookMyYatra.com.
The Court held that the word “Yatra” — meaning “travel” in Hindi — is descriptive and generic in relation to travel-related services. Justice Karia observed:
“Generic or commonly descriptive word can never become trade marks on their own as they never acquire distinctiveness or a secondary meaning. These words do not indicate origin or source. It is settled law that words used in everyday language cannot be allowed to be monopolised.”
Counsel for Yatra Online contended that the company had built immense goodwill in its brand “Yatra” and “Yatra.com” since 2006, catering to over 15 million customers and achieving a turnover exceeding ₹5,600 crore in FY 2023–24. It was argued that the rival mark BookMyYatra was deceptively similar and created with mala fide intent to exploit Yatra’s established reputation.
Mach Conferences countered that “Yatra” was a descriptive term commonly used by numerous travel operators in India over several decades. It further pointed out that Yatra Online’s trademark registrations carried clear disclaimers stating “no exclusive right over the word Yatra.” Counsel also submitted that the prefix “BookMy” added a distinct character, which was already prevalent across the online travel and ticketing space.
The Court highlighted that Yatra Online had accepted disclaimers during registration for marks such as “Yatra with device” and “Yatra Freight”. Justice Karia underlined that such disclaimers existed to prevent proprietors from enlarging their rights or seeking undue advantages in respect of disclaimed portions of the mark.
“Having accepted those disclaimers at the time of registration, the plaintiff cannot enlarge its rights beyond their legitimate bounds,” the Court concluded.
With this, the Court dismissed Yatra Online’s plea, reiterating that descriptive and commonly used words in everyday language — such as “Yatra” — cannot be monopolised as trademarks.
