Summary
The Delhi High Court in WOW MOMO FOODS PRIVATE LIMITED v. WOW BURGER & ANR. refused an interim injunction, clarifying that the word WOW, being a common laudatory term, cannot be exclusively claimed without proven secondary meaning. The Court observed that Wow Momo held no registration for WOW alone and had previously disclaimed exclusive rights to the word. It analysed the visual, phonetic, and conceptual differences between the marks, applying the anti-dissection rule and considering consumer perception. The decision reaffirmed that generic or descriptive words require long and exclusive use to gain trademark protection in India. This decision underscores the importance of distinctive branding for enforceable rights.
Background
The Delhi High Court recently delivered an important decision in the case of WOW MOMO FOODS PRIVATE LIMITED v. WOW BURGER & ANR., rejecting Wow Momo’s plea for an interim injunction. The case revolved around alleged trademark infringement and passing off.
The plaintiff, Wow Momo, a well-known food services company that began operations in 2008, has grown to over 600 outlets across more than 30 cities. It owns several registered trademarks such as “WOW! MOMO”, “WOW! CHINA”, and “WOW! CHICKEN” and claimed that “WOW!” is the distinctive and dominant part of its brand family. Upon learning that the defendants were preparing to launch food business operations in India under the mark “WOW BURGER”, the plaintiff approached the Court seeking to restrain them from using the term “WOW”. The plaintiff argued that due to its extensive use of “WOW!” for over 15 years, a sales turnover of ₹453 crore in 2023-24, substantial promotional expenditure, and a strong brand reputation, the word “WOW” had acquired distinctiveness and secondary meaning in the minds of consumers, thereby entitling it to protection.
Court’s Analysis
The Court, however, took a different view. It noted that Wow Momo had no trademark registration for the standalone term “WOW” or for “WOW! BURGER”. The plaintiff’s registrations were only for composite marks such as “WOW! MOMO”, “WOW! CHINA”, “WOW! CHICKEN” and other variants. The Court found that the plaintiff had, in fact, admitted in its reply to the objections of the Registrar of Trade Marks that “WOW” is a common English dictionary word, and becomes distinctive only when combined with other words. Many of its registered marks also carried disclaimers specifically denying any exclusive rights over the word “WOW” by itself.
The Learned Judge highlighted that “WOW” is a laudatory expression commonly used in everyday language to convey delight or quality, and is widely used in the food and hospitality industry. Under such circumstance, generic or descriptive terms are not eligible for exclusive trademark protection unless they have acquired a strong secondary meaning, and are uniquely associated with a single source in the minds of consumers.
Relying on various precedents the Court reiterated that secondary meaning cannot be lightly presumed and must be proven through long, continuous, and exclusive use over many years, which had not been established in this case. The Court found that using “WOW” since 2008 was not sufficient to render it uniquely associated with the plaintiff, especially when many other food businesses also use “WOW” in their branding.
The Court further observed that the plaintiff had mischaracterised “WOW! BURGER” as its trademark even though it had never been registered and was only used as a menu item until 2018. After that, it disappeared from the menu and was replaced by “Moburg”. The plaintiff’s website and current menu also showed no trace of “WOW! BURGER” as a brand, further weakening its claim.
When comparing the two marks, the plaintiff’s “WOW! MOMO” and the defendant’s “WOW BURGER”, the Court applied the anti-dissection rule, which requires marks to be compared as a whole from the perspective of the average consumer with imperfect recollection. It found that apart from the common word “WOW”, the marks are visually, phonetically, and conceptually different. The plaintiff’s uses a distinctive yellow theme across its branding, while the defendant’s mark uses red and white. Additionally, the plaintiff sells both vegetarian and non-vegetarian burgers under the name “Moburg” within its WOW! MOMO and WOW! CHICKEN brands, whereas the defendants appear to be focus on protein-rich vegetarian burgers. Since “WOW” is a common laudatory term and the overall marks are dissimilar, the Court held that there was no likelihood of confusion or deception. It also emphasised that disclaimers in registrations prevent proprietors from overextending rights to common words.
Conclusion
The Court held that Wow Momo had failed to establish a prima facie case, and therefore dismissed the application for interim injunction. The judgment strongly reaffirmed that common or descriptive words like “WOW” cannot be monopolised by a single entity unless they acquire strong secondary meaning through long and exclusive use, which must be strictly proven. This decision serves as a clear reminder that businesses using generic or laudatory words must pair them with distinctive elements to secure enforceable trademark rights, and that courts will not permit proprietors to fence off everyday language from public use.
Citation: WOW MOMO FOODS PRIVATE LIMITED v. WOW BURGER & ANR [CS(COMM) 1161/2024 & I.A. 48983-48984/2024], IN THE HIGH COURT OF DELHI on 12th September, 2025.
Article Author: T K Tushar
Article and Accessibility Review: Benita Alphonsa Basil