The Delhi High Court recently declined to grant Wow! Momo any interim injunction against Wow Burger, another food service brand that had plans to use “WOW BURGER” as its mark. The Bench, led by Justice Manmeet Pritam Singh Arora, held that the plaintiff (Wow! Momo) had failed to make out a prima facie case.
Key Legal Reasoning
Here are the main reasons the court rejected Wow! Momo’s plea:
- “WOW” Is a Laudatory or Exclamatory Word
The word “WOW” is commonly used in food and hospitality sectors to express admiration or delight. Using such a word isn’t unique or exclusive to any one brand. The court found that granting exclusive rights to such a common expression would be inappropriate. - Lack of Distinctiveness & Secondary Meaning
Wow! Momo argued that over the years their constant use of “WOW! MOMO” and related branding had created goodwill and distinctiveness, making “WOW” strongly associated with them. However, the court was unconvinced that “WOW” on its own had acquired the required distinctiveness or secondary meaning needed for trademark exclusivity in this context. - Statutory Exceptions Under Trademark Law
Under Section 9(1)(b) of the Trade Marks Act, 1999, words that are laudatory or descriptive of the quality of the goods/services are not registrable or enforceable in an exclusive sense. The court held that “WOW” fell into this category. Also, Section 30(2)(a) was cited: even words registered in some form cannot stop third parties from using them in a descriptive or honest manner. - No “Deceptive or Confusing Similarity” Found
The court did not find that “WOW BURGER” would likely cause confusion with “WOW! MOMO” in the sense required for an injunction. There was no strong evidence that consumers would be misled or that the two marks were so similar as to cause initial interest confusion or passing off.
Implications for Wow! Momo & Trademark Law in India
- Limits of Generic Words: Even if a brand uses a common or laudatory word extensively, that doesn’t guarantee exclusive rights for use of that word alone.
- Importance of Distinctiveness: Trademark claims are stronger when a brand can show that ordinary or laudatory words have acquired secondary meaning or a unique association through long and exclusive use.
- Precedent for Other Disputes: This decision could influence similar cases where brands attempt to monopolise common exclamations or laudatory terms (“wow”, “amazing”, “super”, etc.).
- Broader Strategy for Brands: Companies will need to ensure their marks are not only registered but also differentiated clearly in logo/design, trade dress, context, or with additional unique words to avoid conflicts.
What’s Next
- The case is listed for further hearing in January 2026. Wow! Momo may present more evidence of use, goodwill, and distinctiveness between now and then. LawBeat
- Depending on how the case proceeds, the verdict could offer further clarity on how Indian courts treat “laudatory” marks, descriptive terms, and what constitutes a strong case for infringement/passing-off.
Conclusion
The Delhi HC’s refusal to grant an interim injunction in Wow! Momo vs. Wow Burger sends a clear message: trademark law in India does not allow one brand to claim exclusive rights over ordinary, laudatory words like “WOW.” The decision reaffirms key legal principles under the Trade Marks Act, especially regarding distinctiveness, descriptive use, and the public’s right to use common language. Brands seeking strong trademark protection may need to rely on unique combinations, distinctive logos, designs, or strong evidence of goodwill.
