The Delhi High Court rejected a request from Wow Momo Foods Pvt Ltd for an interim injunction against Wow Burger, observing that the word “WOW” is a common laudatory term in the food and hospitality sector and cannot be monopolised under trademark law. Justice Manmeet Pritam Singh Arora held that Wow Momo cannot turn the everyday exclamation into its exclusive property.
The court noted that under the Trade Marks Act, 1999, words that merely describe quality or convey praise—such as “wow”—are not entitled to trademark protection under Section 9(1)(b). Moreover, Section 30(2)(a) specifically allows third parties to use such words honestly and descriptively to indicate the nature, quality, or other characteristics of their goods or services. Because “wow” is a dictionary word expressing delight or praise, used by many in the business, it falls squarely within those statutory exceptions.
Wow Momo had argued that “WOW” in its branding had acquired a secondary meaning due to its use since 2008, spanning over 30 cities and more than 600 outlets. However, that claim was not accepted. The Court held that the period of use was not long enough, in its view, to show that the public exclusively associates “wow” with Wow Momo’s products and services.
It also found that the plaintiff’s trademark registrations were for composite marks—such as “WOW! MOMO”, “WOW! CHINA”, “WOW! CHICKEN”—rather than the standalone word “WOW”. Some registration certificates themselves carried disclaimers indicating that individual words should not be claimed exclusively.
Furthermore, even with respect to use of the phrase “WOW! BURGER” by Wow Momo, the Court observed that the word had last been used by Wow Momo in 2018 as a menu item, not as a brand or “house mark” indicating a separate product line with distinct identity. Meanwhile, there was no evidence of “WOW! BURGER” being used as a trademark or in such manner that would cause confusion with Wow Burger.
Given these findings, the Court concluded that Wow Momo had failed to make out a prima facie case in its favor for the grant of an injunction. There was no sufficient balance of convenience favoring Wow Momo, nor was there a clear likelihood of irreparable injury if Wow Burger was allowed to continue using the name.
Accordingly, the court refused to restrain Wow Burger from using its mark, dismissed the plaintiff’s application for interim injunction, and listed the full suit for hearing in January 2026.
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