A Shock in the Food Court. Short sentences. Big stakes. When WOW MOMO, India’s fast-growing WOW! brand of quick-service restaurants, discovered that a Hong Kong-based company planned to launch WOW BURGER in India, alarms went off. The names looked too close. The risk of trademark infringement was real.
On 16 October 2025, the Delhi High Court, through a Division Bench of Justices C Hari Shankar and Om Prakash Shukla, granted an interim injunction in favour of WOW MOMO. The Court restrained use of the “WOW BURGER” mark under Section 29 of the Trade Marks Act, 1999. This wasn’t just another food fight. It was a moment of clarity for every business in India trying to protect its brand name. The ruling reinforced one thing: even a catchy “prefix + food item” can earn serious legal protection when backed by distinctive trademark use.
The Facts at a Glance
It started with a name every foodie in India already knew - WOW MOMO. The homegrown QSR giant owns a family of registered trademarks: WOW MOMO, WOW DIMSUMS, and WOW MOMO INSTANT. Each built around one powerful word - WOW.
Then came WOW BURGER, a Hong Kong-based chain looking to bite into the Indian market with a similar naming format - WOW + food item. That’s when WOW MOMO moved the Delhi High Court, claiming the rival’s name wasn’t just flattering - it was confusingly similar, creating a clear likelihood of confusion among customers.
The legal battle began as CS(Comm) 1161/2024, and the appeal followed as FAO(OS)(Comm) 143/2025. Initially, a single-judge bench denied interim injunction, reasoning that “WOW” was too common to monopolize. But the Division Bench flipped the script, finding that “WOW + food item” had become distinctive of WOW MOMO’s brand identity. Allowing WOW BURGER to use a similar mark, the Court held, would blur brand recognition and amount to trademark infringement in India.
Why the Division Bench Said “Yes” to Injunction
When the Delhi High Court examined the case, it saw more than two food names - it saw a pattern - a family of marks built with care and consistency.
a) Likelihood of confusion - the customer test
The Bench said a consumer of average intelligence and imperfect memory, familiar with WOW MOMO, would likely think WOW BURGER came from the same source. That brief confusion is enough under Section 29(2)(b) of the Trade Marks Act, 1999 - clear trademark infringement.
b) The “WOW + food item” brand family
WOW MOMO had built its empire on one simple, distinctive idea - WOW meets food. WOW MOMO. WOW DIMSUMS. WOW MOMO INSTANT. The Bench recognised this as a unique brand architecture. So when WOW BURGER copied the same WOW + product pattern, the Court saw it as confusingly similar and deceptive.
c) “WOW” alone ? No. But “WOW + something”? That’s theirs.
The Court clarified: no one can own “WOW” alone. It’s an everyday exclamation. But paired with a food item, it becomes a distinctive and protectable trademark. That’s why the interim injunction applied to WOW BURGER, not to the word “WOW” by itself.
What This Means for Brands in India
This case offers a number of takeaways - especially for companies operating in the food, beverage or quick-service sector (but applicable more broadly).
- Register early + lock the format: If you are using a combination like “WOW + [food]”, register that combination and use it consistently.
- Watch for family of marks strategy: Creating a series (“WOW MOMO”, “WOW CHICKEN”, “WOW DIMSUMS”) helps build a distinctive brand “house”. The Court here accepted that as a basis for protection.
- Don’t rely just on single word protection if it’s a common word: The word “WOW” was held non-distinctive on its own. So you need the full composite or developed brand identity.
- Monitor competitors using similar format: If another brand moves in with the same prefix and a food item, you may have grounds for an injunction as WOW MOMO did.
- Food items + prefix = identity: The Court emphasised that the mark wasn’t just the food item, and wasn’t just “WOW” either - it was the creative combination.
- In international brand expansion/entry into India: For a HK-based chain like WOW BURGER, even being foreign doesn’t shield from Indian IP law.
A Practical Checklist for Business Owners
- Use a reliable trademark checker in India like Trademarkia’s Trademark Search Tool to look for identical or similar marks (including prefix + food item formats). While the IP India Office trademark search provides official records, Trademarkia’s checker goes further - it’s faster, easier, and flags look-alike or confusingly similar names that the government database might miss.
- File for registration in relevant Class(es) early (food/restaurant services).
- Use the mark consistently in signage, menus, advertising so you build distinctiveness.
- Monitor the market (domestic + international) for marks that are “prefix + food item” variations of yours.
- If you spot one: send a cease-and-desist letter and consider interim relief if confusion is imminent.
- Keep your proof of use, marketing spend, outlets expansion handy - these strengthen your case.
- If you rely on a standalone word (e.g., “WOW”), make sure you have clear evidence of secondary meaning and distinctiveness - without that your claim is weak.
Don’t Let Others Take Your “WOW”
In India’s buzzing food-brand market, names decide everything. You can make the best burger or the softest momo, but if your name makes customers think you’re someone else, you lose your story. The Delhi High Court’s WOW MOMO vs WOW BURGER ruling shows that creativity without legal cover is risky. The “WOW + food item” format is now a legally recognised brand identity. So choose wisely. Use boldly. Protect relentlessly. Because being first is good. Being clear is better. But being legally protected under the Trade Marks Act 1999? That’s unbeatable.
And if you need help making that happen, Trademarkia’s experienced trademark attorneys in India are here to help. From trademark searches and registrations to international filings and infringement defence, we simplify every step.
Protect your brand with Trademarkia before someone else claims your “WOW.”
FAQs
1. What is a trademark and why should I register it in India?
A trademark is your brand’s badge - the name, logo, or tagline that tells customers this is mine. In India, registration under the Trade Marks Act, 1999 gives you exclusive rights, legal protection against copycats, and real value for your business. Our experienced trademark attorneys at Trademarkia can guide you step-by-step through this crucial process.
2. How do I perform a trademark availability search in India (check mark + similar formats)?
Before filing in India, it’s vital to run a trademark search for your mark and possible formats like prefix + food item. While the official Office of the Controller General of Patents, Designs & Trademarks (IP India) database shows registrations, our Trademarkia Trademark Search Tool gives you a deeper scan for identical and confusingly similar marks - helping you avoid costly re-filings or objections.
3. What happens if someone uses a mark confusingly similar to mine in India (trademark infringement)?
If another brand uses a mark that is confusingly similar to yours in India, you may have a strong claim for trademark infringement, especially under Section 29 of the Trade Marks Act. You could send a cease-and-desist, apply for interim injunction, and claim damages. Our Trademarkia infringement-defence team helps you enforce your rights swiftly and strategically.
4. How long does it take to get a trademark registered in India and when can I use the ® symbol?
In India, a trademark registration typically takes 12-18 months if there are no major objections or oppositions. Once you receive the registration certificate, you can use the ® symbol and claim full legal protection. Before that, you should use ™ only. At
, we streamline your application and monitor every step so you reach registration without avoidable delays.
