Delhi High Court Rules ‘WOW’ Cannot Be Monopolised in Trademark Dispute Between Wow Momo and Wow Burger

The Delhi High Court has refused to grant an interim injunction to Wow Momo Foods Pvt Ltd against Wow Burger, holding that the word ‘WOW’ is a common laudatory expression and cannot be monopolised under trademark law. Justice Manmeet Pritam Singh Arora delivered the verdict on September 12, 2025, dismissing Wow Momo’s plea for exclusive rights over the expression.

Why the Court Rejected Wow Momo’s Claim

‘WOW’ is a Common Exclamation

The Court observed that the word ‘WOW’ is widely used in the food and hospitality sector to convey delight or quality. Citing Section 9(1)(b) of the Trade Marks Act, 1999, the judge said that words that merely express praise or describe quality cannot be protected as trademarks.

Exceptions Under Trademark Law

Even if registered, Section 30(2)(a) of the Trade Marks Act allows third parties to use descriptive words like ‘WOW’ to indicate the nature or quality of goods. The Court therefore held that Wow Momo cannot convert the exclamation into its “private property.”

Plaintiff’s Argument and Court’s Findings

Wow Momo’s Stand

Wow Momo argued that it had adopted the mark “WOW!” and “WOW! MOMO” in 2008 and expanded across 30 cities with over 600 outlets. The company claimed that “WOW” was an essential feature of its trademarks, and that it had even used “WOW! BURGER” since 2009.

Court’s Analysis

However, the Court noted that:

• Wow Momo’s registrations were only for composite marks like WOW! MOMO, WOW! CHINA, WOW! CHICKEN.

• The company never applied for the standalone mark ‘WOW’.

• Some trademark certificates carried disclaimers that individual words could not be claimed exclusively.

• The last recorded use of “WOW! BURGER” by Wow Momo was in 2018, and only as a menu item. Currently, burgers are sold as “Moburg” or “Louder Chicken Burger.”

The Court also highlighted Wow Momo’s past admission before the Trade Marks Registry that the word ‘WOW’ alone was not distinctive.

No Confusion Between Brands

The Court found no deceptive similarity between Wow Momo’s products and Wow Burger. While Wow Momo sells vegetarian and non-vegetarian burgers under other names, Wow Burger markets a specific protein-rich vegetarian burger, including in Hong Kong.

Verdict and Next Hearing

Justice Arora concluded that Wow Momo was attempting to monopolise a common English word, which is impermissible under law. The Court dismissed the interim injunction, ruling that the plaintiff had not made a prima facie case and that there was no balance of convenience in its favour.

The matter will next be heard on January 15, 2026.

FAQs on Wow Momo vs Wow Burger Case

Q1. What was the Wow Momo vs Wow Burger case about?
The case involved Wow Momo Foods seeking to stop another company from using the brand name ‘Wow Burger,’ claiming exclusive rights over the word ‘WOW.’

Q2. Why did the Delhi High Court deny Wow Momo’s request?
The Court held that ‘WOW’ is a common laudatory expression used to describe quality, and trademark law does not allow monopoly over such words.

Q3. Does Wow Momo own the trademark for ‘WOW’?
No. Wow Momo only has registrations for composite marks such as WOW! MOMO, WOW! CHINA, and WOW! CHICKEN. It never applied for the standalone word ‘WOW.’

Q4. Has Wow Momo used ‘WOW! BURGER’ in the past?
Yes, but only until 2018 and only as a menu item. The Court noted that it was not used as a separate trademark or brand.

Q5. What happens next in the case?
The interim injunction has been denied, and the case will come up for further hearing on January 15, 2026.