Can the Word ‘Wow’ Be Trademarked? Delhi High Court Addresses the Issue in Wow! Momo Cases
The Delhi High Court recently examined whether the word ‘wow’ could be trademarked exclusively in a series of legal cases initiated by the popular Indian fast-food chain, Wow! Momo. The court’s decision has sparked widespread interest, as it touches upon the intersection of intellectual property law and the common use of generic words in the business domain.
The Dispute Between Wow! Momo and Wow Burger
In a notable case, the Delhi High Court declined a request by Wow! Momo for an injunction against Hong Kong-based Wow Burger. The Indian momo chain sought to prevent Wow Burger from operating in India, alleging trademark infringement. The dispute centers on using the word ‘wow,’ which Wow! Momo claims as an essential part of its trademark.
While presiding over the case, Justice Amit Bansal observed that ‘wow’ is a commonly used word in the restaurant industry and may be too generic to monopolize. The court expressed reservations about restraining a global brand like Wow Burger from using its trade name and has scheduled the matter for further hearing on January 31, 2025. Meanwhile, Wow Burger, which plans to expand operations across Delhi, Hyderabad, Mumbai, and Bangalore, has been directed to respond to the claims.
What Is a Trademark and Its Protection?
A trademark is a unique symbol, design, word, or phrase that identifies a business’s goods or services. According to the Trademarks Act of 1999, once a trademark is registered, its owner has exclusive rights over its use for a period of 10 years, renewable thereafter. Any unauthorized use of a registered trademark or a mark that is “deceptively similar” can lead to infringement claims.
Trademark infringement arises when the usage causes confusion among consumers, especially when two marks are visually, structurally, or phonetically similar. Courts can provide relief in such cases by issuing interim or permanent injunctions to stop the unauthorized use and awarding damages to the aggrieved party.
Previous Cases Filed by Wow! Momo
The ongoing dispute with Wow Burger is not an isolated instance for Wow! Momo. The brand has filed multiple trademark infringement cases against various businesses, with five significant cases still pending before the Delhi High Court. Three of these cases—against Wow Burger, Wow Mom Foods, and Speciality Restaurants Limited—are listed before Justice Bansal and are expected to be heard between late January and February 2025. Two other cases, involving Wow Calcutta and Wow Delicious, are listed before Justice Mini Pushkarna.
Read Meanwhile: Trademark Registration in Jaipur
Temporary Relief in Trademark Infringement Cases
In prior instances, the Delhi High Court has granted temporary relief to Wow! Momo in its trademark disputes. For example, on March 22, 2024, Justice Anish Dayal issued an interim injunction restraining a food outlet from using the name ‘WOW PUNJABI’ after Wow! Momo alleged that the outlet had adopted the dominant feature of its trademark, including a similar yellow background, font style, and the distinctive red-filled ‘O.’
The court’s interim order prohibited the defendant from using any goods or services under the trademarks ‘WOW,’ ‘WOW PUNJABI,’ or any other name deceptively similar to Wow! Momo’s registered trademark. Such ex-parte ad interim orders, issued in the absence of the defendant, provide temporary protection until the next hearing.
Similarly, on December 11, 2023, the court restrained Gurgaon-based Wow Delicious from using a mark similar to Wow! Momo’s trademark. Justice Pushkarna’s ex-parte order provided temporary relief to the plaintiff, and the matter is slated for further hearing on April 15, 2025.
Another case involved Franchisebyte, a website accused of misusing Wow! Momo’s trademark by advertising unauthorized franchises. In October 2023, Justice Hari Shankar ordered the website to stop using or copying the trademark. However, the protection granted was limited to the next hearing date, and the case remains unresolved.
Broader Implications of the Trademark Dispute
The current legal battle raises an important question: Can a commonly used word like ‘wow’ be trademarked exclusively by one business? Justice Bansal’s observations indicate that generic words frequently used in specific industries might not be eligible for exclusive trademark protection. While Wow! Momo has successfully obtained temporary injunctions in several cases, the broader question of whether it can claim monopoly rights over ‘wow’ remains unresolved.
Moreover, the Delhi High Court’s cautious approach highlights the balance between protecting intellectual property rights and ensuring fair competition. By denying an injunction against Wow Burger, the court has signaled that it may not support monopolization of generic terms, particularly when such terms are widely used in the industry.
Conclusion
The outcome of Wow! Momo’s cases against Wow Burger and other businesses will set a significant precedent in Indian trademark law. The court’s decisions will determine whether brands can claim exclusivity over commonly used words in their trademarks. As businesses increasingly rely on branding to differentiate themselves in competitive markets, the resolution of these cases will shape the boundaries of trademark protection and enforcement in India. For now, the dispute over the word ‘wow’ continues, with the next hearing scheduled in early 2025.
Source Trademark Act: ACT
