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The Delhi High Court has denied Wow Momo Foods Pvt Ltd’s request for an interim injunction to restrain the use of “WOW BURGER” as a trademark by another company. Justice Manmeet Pritam Singh Arora reasoned that “WOW” is a common exclamation used to express delight about food quality and cannot be monopolized under Indian trademark law. The court explained that Section 9(1)(b) of the Trade Marks Act, 1999 precludes words that simply convey praise or describe goods from trademark protection and Section 30(2)(a) allows third parties to use such words honestly and descriptively.

Wow Momo had argued that “WOW” forms the significant part of its trademarks, which have been in use since 2008 and includes “WOW! BURGER” since 2009. However, the court found all the company’s trademark registrations to be composite marks—like WOW! MOMO and WOW! CHINA—and not for the standalone word “WOW”. It also noted that certificates carried disclaimers stating individual words could not be exclusively claimed. The judge observed the plaintiff’s use of “WOW! BURGER” was limited and inconsistent, and that “Moburg” and “Louder Chicken Burger” were current branding for their burgers.

Additionally, the court noted there was no deceptive or confusing similarity between the trademarks or menu offerings of Wow Momo and the defendant, who was bringing a specific type of burger from Hong Kong to India under the “Wow Burger” mark. Wow Momo’s claim that “WOW! BURGER” is their long-standing trademark was deemed misleading and unsubstantiated.

In conclusion, the court held that attempts to monopolize a commonplace English word like “WOW” cannot be supported by trademark law and dismissed the interim injunction. The matter will be heard further in January 2026, but the judgment affirms that laudatory expressions widely used in the food and hospitality sector cannot be exclusively appropriated.