In Indian trademark jurisprudence, courts have consistently emphasised that not every appealing or expressive word can claim exclusive ownership. Terms that merely praise, describe, or evoke enthusiasm, such as “super,” “best,” or “wow”, often lack the distinctiveness required for trademark protection and remain within the public domain. This principle is deeply rooted in the fundamental policy that trademarks should distinguish source rather than monopolise everyday words of public use.
The decision of the Delhi High Court in Wow Momo Foods Pvt. Ltd. vs Wow Burger (Hong Kong) Ltd. reaffirms this principle, asserting that laudatory or generic expressions cannot, on their own, form the basis of proprietary trademark rights unless supported by strong evidence of acquired distinctiveness.
The Delhi High Court dismissed an interim injunction application filed by Wow Momo Foods Private Limited against a Hong Kong-based company intending to launch outlets under the name “WOW BURGER” in the Country. The Court ruled that the everyday English word “WOW” is a common, praising expression and therefore incapable of exclusive appropriation as a trademark. The decision clarifies the limits of trademark protection for generic or descriptive words, especially when used within composite marks.
Wow Momo, a well-known quick-service restaurant chain founded in 2008, claimed that it has built strong brand equity around the “WOW!” family of marks, including WOW! MOMO, WOW! CHINA, and WOW! CHICKEN, with more than 600 outlets across India. The plaintiff stated that in late 2024, through a LinkedIn post, they discovered that a foreign entity planned to introduce “WOW BURGER” restaurants in India and alleged that this would confuse consumers and dilute their brand. Hence, Wow Momo sought a permanent injunction and, pending trial, a temporary order restraining the defendants from using “WOW BURGER.”
The plaintiff argued that it had been using “WOW!” continuously since 2008 and that it is the essential and dominant feature of all its marks, including an alleged “WOW! BURGER” brand adopted in 2009. Plaintiff stressed that “WOW!” is arbitrary in the food business and has acquired a secondary meaning through extensive use, significant advertising spend, and a turnover of over ₹453 crore in 2023–24. Copying the “WOW!” element for identical goods and services, they said, amounted to trademark infringement and passing off.
Court’s Analysis
No Trademark Registration for ‘WOW’/’WOW BURGER’
The Court rejected the plaintiff’s contentions on several grounds. First, it found that Wow Momo holds registrations only for composite marks such as WOW! MOMO and WOW! CHINA. None of the certificates cover the standalone word “WOW” or “WOW BURGER,” and several registrations even include disclaimers that exclude exclusive rights to those words. This absence of independent registration weighed heavily against the plaintiff’s claim of exclusive rights.
Whether ‘WOW’ is the Distinctive/Dominant Mark
Second, the Court held that “WOW” is a common English exclamation used to praise or express delight. Relying on Supreme Court precedent in the case of Pernod Ricard India (P) Ltd. vs Karan Singh Chhabra and Delhi High Court precedent in the case of PhonePe Pvt. Ltd. v. EZY Services & Anr., it ruled that such laudatory terms fall squarely within Sections 9(1)(b) and 30(2)(a) of the Trade Marks Act, which prevent any one trader from monopolising descriptive or generic expressions. Even if registered, such words remain open to honest descriptive use by others in the same trade.
Admission of the Plaintiff Qua Non-Distinctiveness of WOW
The Court also noted that Wow Momo had previously admitted before the Trade Marks Registry that “WOW” was distinctive only when combined with another word, such as WOW CHINA or WOW CHINESE. These admissions, the judge held, bound the company at the interim stage and undermined its present claim to exclusivity over the standalone term. Further, the Court found no evidence that “WOW” had acquired a secondary meaning. Although the plaintiff had traded under “WOW!”-formative marks since 2008, this period was insufficient to establish that the word had become uniquely associated with its goods, especially given the widespread use of “WOW” by other food businesses.
Comparison of the Marks
A key factual finding was that the plaintiff had overstated its connection to “WOW! BURGER.” The Court stated that the evidence revealed “WOW! BURGER” was merely a menu item which was last used in 2018 and had never been a brand identifier. Current menus list burgers under different names, such as “Moburg,” and the company’s website promotes only the WOW! brand. MOMO, WOW! CHINA, and WOW! CHICKEN.
Finally, the Court compared the plaintiff’s composite “WOW! MOMO” mark with the defendants’ “WOW BURGER” logo, and observed the notable differences in colour scheme, stylisation, and overall impression. The Court stated that mere commonality of the word “WOW,” a complimentary and common dictionary expression, was insufficient to establish deceptive similarity. The Court concluded that there was no prima facie case of infringement, no balance of convenience in favour of the plaintiff, and no likelihood of irreparable harm.
The interim application was therefore dismissed. Although the main suit will continue to trial, the Court made it clear that its observations were confined to the interim stage.
The decision in the case serves as a reminder that businesses using catchy but generic terms cannot expect to monopolise them without strong evidence of secondary meaning, and for brand owners, it underlines the importance of registering and promoting distinctive core marks and of ensuring that any claims in Court are accurate and supported by proof. For the food and hospitality sector, the ruling confirms that exuberant words like “WOW,” “SUPER,” or “AMAZING” are likely to remain in the public domain and free for honest use by all traders.
Authors: Manisha Singh and Kratika Patel
First Published by: Mondaq here