Delhi, India – A major trademark ruling was handed down by the Delhi High Court in the dispute between the quick‑service brand Wow! Momo and a newcomer using the mark Wow Burger. The court found in favour of Wow! Momo, recognising its distinct brand identity and barring the rival from using the confusingly similar mark.
Background
Wow! Momo, founded in 2008, has grown into a prominent fast‑food chain in India specialising in momos and related quick‑service items. The dispute began when a different company planned to launch its business under the name “Wow Burger”, prompting Wow! Momo to claim trademark infringement.
What the Court Decided
- The court held that Wow! Momo’s family of marks, such as “WOW! MOMO” and “WOW! DIMSUMS” had built a strong brand identity where “WOW + food-item” is distinctive.
- While the word “wow” on its own is a common English exclamation and cannot be exclusively owned, its use in combination with a food item has acquired a secondary meaning for Wow! Momo.
- The court ruled that the use of “WOW BURGER” by the rival was likely to confuse consumers who might assume a connection with Wow! Momo.
- The judgment emphasised that Wow! Momo cannot claim exclusivity over the standalone word “wow”; the protection lies in the specific combination and how it is used.
Implications
This verdict holds important lessons for brands and businesses. Using a common word alone is hard to protect unless it is combined in a distinctive style or format. The ruling underscores that trademark rights depend not just on registration, but also on consumer perception, distinctiveness, and evidence of use.
What Happens Next
The rival company will need to revise its branding and stop using “WOW BURGER” in a way that infringes the format established by Wow! Momo. Meanwhile, other food brands are likely to revisit their naming strategies to avoid similar legal hurdles.
Summary Table
| Item | Details |
|---|---|
| Plaintiff | Wow! Momo (brand) |
| Defendant | Wow Burger (brand) |
| Court | Delhi High Court |
| Issue | Whether “WOW BURGER” infringes the “WOW + food‑item” trademark format of Wow! Momo |
| Decision | In favour of Wow! Momo: rival barred from using mark likely to cause confusion |
| Key Legal Point | Common words alone are not protectable; distinctive combinations may be |
| Consumer Confusion | Yes — court found average consumer may assume association between the brands |
| Branding Lesson | Choosing unique combinations helps in trademark protection; disclaimers and past admissions count |
| Business Impact | Rival must rebrand; other firms must check naming strategy carefully |
| Date of Judgment | October 2025 |
