The Delhi High Court has refused to grant Kolkata-based Wow Momo Foods exclusive rights over the word “WOW,” ruling that the exclamation is a common, laudatory term in the food and hospitality industry.
Justice Manmeet Pritam Singh Arora dismissed the company’s plea for an injunction against the use of “Wow Burger,” observing that the attempt was an overreach to monopolize a dictionary word.
A Battle Over a Single Word
The dispute, Wow Momo Foods Pvt. Ltd. v. Wow Burger, began after Wow Momo discovered in December 2024 that a rival planned to launch outlets under the “Wow Burger” name in India. The company, founded in 2008 and now boasting over 600 outlets in 30 cities, argued that “WOW” was the distinctive and essential feature of its trademarks, which include “WOW! MOMO,” “WOW! CHINA,” and “WOW! CHICKEN.”
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But the Court noted that Wow Momo never applied for or held registration of “WOW” as a standalone mark. Instead, its registrations were for composite marks, many carrying disclaimers explicitly preventing exclusive rights to individual words. “The plaintiff cannot assert exclusive rights over the expression ‘WOW,’” Justice Arora wrote, adding that it is universally used to signify delight and quality in food and hospitality.
Limits of Trademark Law
The Court’s reasoning leaned heavily on provisions of the Trade Marks Act, 1999. Section 9(1)(b) prohibits registration of words that merely convey praise or describe quality, while Section 30(2)(a) allows third parties to use such terms honestly and descriptively.
Wow Momo’s argument that the word had acquired “secondary meaning” through continuous use since 2008 was also rejected. Justice Arora held that 16 years of usage was insufficient to establish exclusivity, particularly given the commonplace nature of the word.
Menus placed on record further undermined Wow Momo’s claim to “WOW! BURGER.” The Court observed that the company had last used the mark in 2018—and only as a menu item, not as a house brand. Current menus instead listed burgers under different names such as “Moburg” and “Louder Chicken Burger.”
Business Implications and Broader Context
The ruling underscores judicial reluctance to allow businesses to appropriate everyday exclamations as proprietary brands. Legal experts say it sets a precedent against overbroad claims in India’s fast-growing food and hospitality sector.
Interestingly, the Court noted that the defendant was already using “Wow Burger” in Hong Kong for a specialized protein-rich vegetarian burger, reducing the likelihood of confusion with Wow Momo’s offerings.
In dismissing the plea for an interim injunction, Justice Arora emphasized that Wow Momo failed to show a prima facie case or balance of convenience. The application was therefore rejected, and the suit has been listed for further hearing on January 15, 2026.