'Wow' can’t be monopolised: Delhi High Court refuses interim injunction in Wow Momo vs Wow Burger

The Delhi High Court on Friday refused to grant an interim injunction to Wow Momo Foods Pvt Ltd (plaintiff) against another company's use of the mark 'WOW BURGER' (defendant) in India, observing that 'WOW' is a common laudatory exclamation that cannot be monopolised under trademark law [Wow Momo Vs Wow Burger].Justice Manmeet Pritam Singh Arora said that Wow Momo cannot convert the everyday exclamation into its "private preserve/property.” ‘Wow’ is a laudatory exclamation in the food/hospitality business, universally used to convey delight over ‘quality’ of the food, the Court said. "The dictionary meaning shows that when this word ‘WOW’ is used as an adjective, it signifies the ‘quality’ of the product or service for which it is used. Under Section 9(1)(b) of the [Trade Marks] Act, 1999, a word which merely convey praise or describe the quality or characteristic of goods or services, are not entitled to protection as trademarks (monopoly)," the order said. Moreover, Section 30(2)(a) of the Act of 1999 specifically provides that even if such a word is registered, third parties are entitled to use it honestly and descriptively to indicate the nature, quality, or other characteristics of their goods or services, the Court noted. "Therefore, in the opinion of this Court, the plaintiff cannot assert exclusive rights over the expression “WOW”, as it falls squarely within statutory exceptions to trademark protection and hence, it cannot be treated as distinctive/dominant mark of the plaintiff," it added. .The Court rejected the submission that the word has acquired secondary meaning due to its continuous use by Wow Momo since 2008."In the considered opinion of this Court prima facie it cannot be said that the common law English word ‘WOW’ has acquired any secondary meaning so as to relate it only to the products and services of the Plaintiff, in the mind of the consumer. The Plaintiff has been in use only since 2008 and the same cannot be treated as ‘long period of time’," the Court opined..The plaintiff, Wow Momo, filed the suit after discovering through a LinkedIn post in December 2024, that the defendants were planning to launch food outlets under the brand “WOW BURGER” in India.The Kolkata-based company submitted that it had coined and adopted the mark “WOW!” and “WOW! MOMO” in 2008, and has since expanded across more than 30 cities with over 600 outlets. It said that “WOW” formed the essential and significant feature of its trademarks and was being continuously used, including in relation to “WOW! BURGER” since 2009.Despite service, the defendants did not appear before the Court. On July 9, the defendant's right to file a written statement was closed, and judgment was reserved on July 30..In the verdict delivered on September 12, Justice Arora examined whether Wow Momo held valid statutory rights in the standalone mark “WOW”. The Court found that all registrations produced by Wow Momo were for composite marks such as WOW! MOMO, WOW! CHINA, WOW! CHICKEN and others. “No registration for the mark ‘WOW’ was ever applied by the plaintiff as per the record,” the Court said, adding that some certificates specifically carried disclaimers that individual words could not be claimed exclusively.The Court was also unconvinced that “WOW! BURGER” had ever been used as a trademark.“The last use of the mark ‘WOW! BURGER’ by the plaintiff was in December 2018 and that too as a menu item, not as a house mark or brand,” the Court noted. Referring to menus placed on record, it found that burgers are currently sold under the name “Moburg” within WOW! MOMO and as “Louder Chicken Burger” under WOW! CHICKEN.“The claim of the plaintiff that ‘WOW! BURGER’ is its trademark and that it has been in continuous and extensive use is not bona fide and is instead misleading," it observed. .The Court also took note of Wow Momo’s earlier admissions before the Trade Marks Registry that the word ‘WOW’ alone being an English Dictionary word is not distinctive and that it would have a distinctive character only as a composite mark in a combination with another word. .The Court also found that the defendant was using the mark 'Wow Burger' in Hong Kong for a specific type of protein-rich vegetarian burger. "As per the LinkedIn post, relied upon by the Plaintiff, it is the same type of burger, which the said post says Defendant No.1 will bring in India, on the other hand perusal of the current menu of the Plaintiff shows that the Plaintiff is selling vegetarian and non-vegetarian burger in the name of ‘Moburg’. . Therefore, in the considered opinion of this Court, there is no deceptive/confusing similarity between the trademarks of the Plaintiff and the Defendant No.1," it said..In conclusion, the Court opined that Wow Momo was attempting to appropriate or monopolize a dictionary word which cannot be allowed considering the common nature of the word.“The plaintiff has not been able to make out a prima facie case in its favour for grant of injunction. There is no balance of convenience in its favour and therefore, there is no question of injury,” Justice Arora said, while dismissing the interim injunction application.The suit was listed for further hearing on January 15, 2026..Wow Momo was represented by Senior Advocate Chander M Lall with Advocates Ankur Sangal and Ankit Arvind from Khaitan & Co. .[Read Judgment]