Delhi High Court Denies Exclusive Rights to “WOW” for Wow Momo Foods

The Delhi High Court recently ruled against Kolkata-based Wow Momo Foods in its attempt to claim exclusive rights over the term “WOW.” Justice Manmeet Pritam Singh Arora determined that this expression is a common term widely used in the food and hospitality industry, effectively dismissing the company’s plea.

A Battle Over a Single Word

The legal dispute, known as Wow Momo Foods Pvt. Ltd. v. Wow Burger, ignited in December 2024 when Wow Momo found out that a competitor was planning to launch outlets under the name “Wow Burger” in India. Established in 2008, Wow Momo has grown to encompass over 600 outlets across 30 cities, branding itself with names like “WOW! MOMO,” “WOW! CHINA,” and “WOW! CHICKEN.” The company argued that “WOW” was a pivotal element of its trademarks, asserting that it deserved exclusive rights.

However, the Court highlighted that Wow Momo never registered “WOW” as a standalone trademark. Instead, their registrations included composite marks with disclaimers that specifically prevented exclusive rights over individual words. Justice Arora pointed out that the term "WOW" is commonly used to express delight and high quality within the food sector, thus undermining Wow Momo’s claim of exclusivity.

Limits of Trademark Law

The foundation of the court’s decision rests on the provisions of the Trade Marks Act, 1999. Under Section 9(1)(b), registration is barred for words that merely convey praise or describe quality. Additionally, Section 30(2)(a) permits third parties to use these terms descriptively and honestly.

Wow Momo’s assertion that the term had acquired “secondary meaning” through its lengthy usage since its inception was also dismissed. Justice Arora noted that 16 years of usage was not enough to establish exclusivity, particularly for a term as generic as “WOW.”

Furthermore, the court examined menus submitted as evidence and found that Wow Momo had not used the term “WOW! BURGER” in recent branding. Their menus instead featured alternative names, such as “Moburg” and “Louder Chicken Burger,” pointing to the company’s failure to maintain consistent branding around “WOW.”

Business Implications and Broader Context

This ruling reflects a growing judicial trend against businesses attempting to monopolize commonly used expressions. Legal professionals suggest that this case may set a critical precedent within India’s rapidly expanding food and hospitality sectors.

Interestingly, the court noted that the competitor, which was using the “Wow Burger” name, had been operating it in Hong Kong for a specialized protein-rich vegetarian burger. This factor further minimized the chances of consumer confusion between the two brands.

In denying Wow Momo’s request for an interim injunction, Justice Arora emphasized that the company did not provide sufficient evidence to show a prima facie case or establish any imbalance of convenience. As a result, the plea was rejected, with the case set for further hearing on January 15, 2026.

This ruling serves as a reminder of the limitations imposed by trademark law and highlights the complexities businesses face when navigating intellectual property rights. With the vibrancy of India’s food industry, this decision may inspire carefully considered branding strategies moving forward.