
The Delhi High Court refused to grant Wow Momo Foods Pvt Ltd an interim injunction against “Wow Burger” use of the word ‘Wow,’ ruling that the expression is a common exclamation and cannot be monopolised under trademark law.
Justice Manmeet Pritam Singh Arora observed that terms conveying praise or describing quality — like ‘Wow’ — fall under statutory exceptions and are not protectable as exclusive trademarks under Section 9(1)(b) of the Trade Marks Act.
The court also found Wow Momo’s claim of “secondary meaning” unconvincing, noting that the standalone mark ‘WOW’ has not been registered by the plaintiff, and registrations they hold are for composite marks (e.g., “WOW! MOMO”).
[Wow Momo v Wow Burger]
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