Wow Momo vs Wow Burger case saw the Delhi High Court rule that the word ‘WOW’ cannot be monopolised, as it falls under statutory exceptions to trademark protection, while rejecting Wow Momo’s plea for interim injunction against Wow Burger.
The Delhi High Court denied an interim injunction to Wow Momo Foods Pvt Ltd (the plaintiff) against a competitor’s use of the name ‘WOW BURGER’ (the defendant) in India.
The court observed that ‘WOW’ is a common laudatory term that cannot be monopolized under trademark law.
Justice Manmeet Pritam Singh Arora stated,
“Wow Momo cannot claim this everyday exclamation as its private preserve/property.”
The court noted that “WOW” is widely utilized in the food and hospitality industry to express delight regarding the quality of food. It highlighted that the dictionary definition indicates that when ‘WOW’ is used as an adjective, it signifies the quality of the product or service.
Also Read: Wow Momo Cannot Claim Monopoly Over The Word ‘Wow’: Delhi High Court
According to Section 9(1)(b) of the Trade Marks Act, 1999, words that merely convey praise or describe the quality of goods or services are not eligible for trademark protection.
Furthermore, Section 30(2)(a) of the same Act specifies that even if such a term is registered, third parties can use it honestly and descriptively to indicate the nature, quality, or characteristics of their products or services.
The court concluded that the plaintiff cannot claim exclusive rights over the term “WOW,” as it falls under the statutory exceptions to trademark protection and cannot be considered as a distinctive mark of the plaintiff.
The court dismissed the argument that the term had acquired secondary meaning through Wow Momo’s continued use since 2008.
It stated,
“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.”
Wow Momo initiated the lawsuit after discovering via a LinkedIn post in December 2024 that the defendants intended to launch outlets named “WOW BURGER” in India.
The Kolkata-based company claimed to have adopted the mark “WOW!” and “WOW! MOMO” in 2008 and has since expanded to over 30 cities with more than 600 outlets.
They argued that “WOW” is a significant part of their trademarks and has been in continuous use, including for “WOW! BURGER” since 2009.
Despite being served, the defendants did not appear in court. Earlier, On July 9, the court closed the defendant’s opportunity to file a written statement, reserving judgment for July 30.
In the ruling delivered on September 12, Justice Arora assessed whether Wow Momo held valid statutory rights for the standalone mark “WOW.”
The court determined that all registrations presented by Wow Momo were for composite marks like WOW! MOMO, WOW! CHINA, and WOW! CHICKEN.
Emphasizing that some certificates explicitly stated that individual words could not be claimed exclusively, It noted,
“No registration for the mark ‘WOW’ was ever applied by the plaintiff as per the record,”
The court also expressed doubt that “WOW! BURGER” had ever been used as a trademark. It pointed out that the last use of the mark “WOW! BURGER” by the plaintiff was in December 2018, and that was as a menu item, rather than as a brand.
It noted that burgers are currently sold under the names “Moburg” within WOW! MOMO and “Louder Chicken Burger” under WOW! CHICKEN.
The court remarked that Wow Momo’s assertion that ‘WOW! BURGER’ is a trademark and has been in continuous use is misleading. It also noted Wow Momo’s earlier admissions to the Trade Marks Registry that the word ‘WOW’ alone, being a common English word, is not distinctive and would only have a distinctive character when combined with another word.
Additionally, the court found that the defendant was using the mark ‘Wow Burger’ in Hong Kong for a specific type of protein-rich vegetarian burger. It referred to the LinkedIn post cited by the plaintiff, which described a similar burger that the defendant intended to introduce in India.
The court concluded that there was no deceptive or confusing similarity between the trademarks of the plaintiff and the defendant.
In summary, the court stated that Wow Momo was trying to appropriate a dictionary word, which is not permissible given its common nature.
Justice Arora concluded that the plaintiff failed to demonstrate a prima facie case for an injunction, indicating no balance of convenience in its favor and thus no question of injury. The application for interim injunction was dismissed, with the case scheduled for further hearing on January 15, 2026.
Wow Momo was represented by Senior Advocate Chander M. Lall, along with Advocates Ankur Sangal and Ankit Arvind from Khaitan & Co.
Case Title: Wow Momo Vs Wow Burger
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