In a significant ruling on trademark rights, the Delhi High Court has temporarily barred the use of the ‘Bharatpay’ trademark, siding with fintech giant BharatPe’s claim of infringement. The court found that ‘Bharatpay’ is phonetically identical to ‘BharatPe’ and offers similar financial services, leading to potential consumer confusion.
In an interim order issued on March 25, Justice Amit Bansal observed that both entities operate in the UPI payments and financial services sector, with their trademarks bearing strong phonetic, visual, and structural similarities. The court ruled that the defendant, Bharatpay, appeared to be misleading consumers by creating an impression of association with BharatPe.
Recognizing a prima facie case of trademark infringement and passing off, the High Court restrained Bharatpay from using its trademark and ordered the suspension of its domain name, www.bharatpay.net. Additionally, the mobile number linked to Bharatpay’s services was ordered to be blocked.
BharatPe argued that Bharatpay operates in utility bill payments, data recharge, insurance, and other financial services—sectors identical to its own. Despite a cease-and-desist notice sent to Bharatpay, no response was received, prompting legal action.
Following the injunction order, the case is scheduled for its next hearing on September 10.
Senior Advocate Ankit Jain, along with advocates Mohit Goel, Sidhant Goel, Deepankar Mishra, Kartikeya Tandon, and Abhishek Kotnala, represented BharatPe in the matter.
