The Delhi High Court has formally declared “WIPRO” to be a well-known trademark under Section 2(1)(zg) of the Trade Marks Act, 1999. The declaration came in a suit filed by Wipro Enterprises Private Limited challenging an application filed by “Shivam Udhyog” for registration of the mark “SHIVAM UDHYOG WIPRO WIRE MESH” in Class 06, which pertains to common metals and their alloys.
In its ruling, Justice Tejas Karia noted that WIPRO has been using the mark continuously and without interruption since at least the year 1977, and has built up considerable goodwill and reputation in India. The Court observed that Wipro has expended approximately INR 8,800 crores on promotional activities between the financial years 1994-95 and 2023-24, which has led to the mark “WIPRO” becoming uniquely associated with the company alone.
Wipro argued that the impugned application to use “WIPRO” in the defendant’s mark would infringe upon its intellectual property rights. During the proceedings, the defendants offered to withdraw their trademark application if Wipro agreed to not press its claims for damages and costs. The Court accepted this undertaking. Accordingly, the defendants withdrew their application and agreed not to use “WIPRO” or any mark deceptively similar to it.
The judgment underscores that “WIPRO” has fulfilled the criteria for being designated as a well-known trademark, particularly through long use, strong consumer recognition, substantial promotional investment, and the mark’s distinctiveness. The decision protects Wipro’s trademark from possible dilution or misuse by other parties who might attempt to ride on its reputation.
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