In a major legal development, WOW! Momo has achieved a favourable outcome in its trademark dispute with WOW Burger. The case, filed before the Delhi High Court, addressed whether the food-service brand’s use of the word “WOW” in its name grants exclusive rights against others using similar marks. The decision has important implications for trademark law in India and brand strategies in the food-service sector.
What happened in the WOW Momo trademark case
- WOW! Momo Foods Pvt. Ltd., which operates the popular quick-service restaurant chain, claimed that the Hong Kong-based company behind WOW Burger & Anr. was infringing its trademark rights by launching a burger business under the mark “WOW Burger”.
- Initially, a single-judge bench of the Delhi High Court declined to grant an interim injunction in favour of WOW! Momo.
- Subsequently, a division bench set aside that order and granted an interim injunction, restraining WOW Burger from using the mark, holding that there was a likelihood of confusion and that WOW! Momo’s family of marks had acquired distinctiveness.
Key legal findings and reasoning
Distinctiveness and family of marks
The court found that while the standalone word “WOW” is a common English expression and cannot be exclusively appropriated, when combined with a food-item name (e.g., “WOW! MOMO”, “WOW! DIMSUMS”), the composite mark had acquired distinctiveness and goodwill in the Indian food-service market.
Infringement & deceptive similarity
The bench noted that an average consumer, aware of the WOW! Momo brand, might see “WOW Burger” and assume an association or source link. This overlap in trade channel (quick-service food) strengthened the case for infringement under Section 29(2)(b) of the Trade Marks Act, 1999.
No exclusive rights over generic/exclamatory term
However, significantly, the court held that the word “WOW” by itself cannot be monopolised because it is laudatory and in wide use, and WOW! Momo itself had earlier accepted this by filing disclaimers stating no exclusive claim over “WOW.”
Implications for the food-service and branding industry
- Brand strategy matters: Companies relying on common words (like “WOW”, “GOOD”, “YUM”) should ensure the composite mark is distinctive and supported by consistent use and registration.
- Trademark protection is not automatic: Merely using a word does not guarantee exclusive rights—distinctiveness and goodwill are essential.
- Risk of overlap in common sectors: Quick-service chains often use similar names, so risk of consumer confusion is higher—vigilance is required.
- Importance of registrations & disclaimers: How a brand deals with applications (e.g., accepting disclaimers) can impact its later arguments in litigation.
- India as a destination for trademark enforcement: With this decision, brand owners and challengers in India must factor in Indian courts’ interpretation of distinctiveness and infringement.
What this means for WOW! Momo and WOW Burger
For WOW! Momo, the interim injunction is a win that helps protect its branding and may deter further use of “WOW + food item” by competitors without licensing. For WOW Burger, the decision means they must either change their mark, reach a settlement, or defend the case at full trial—risking injunction and costs.
Background on the brands
WOW! Momo, founded in 2008, is a rapidly growing Indian quick-service restaurant chain specialising in momos.
WOW Burger is a newer entrant planning to operate in the Indian burger market, and the dispute arose when WOW! Momo discovered the planned use of “WOW Burger” by the defendants in December 2024.
Conclusion
The legal victory in the WOW Momo trademark case demonstrates that while common words may not be protected on their own, a well-used and distinguished composite brand can secure strong enforcement rights. The focus keyword WOW Momo trademark case captures the significance of this ruling for brand-owners, legal practitioners and the food-service industry in India.
