Wow Momo Foods Private Limited vs Wow Burger & Anr on 12 September, 2025
(Emphasis supplied)
11.3. Applying the aforesaid law to the facts of the present case, in the
considered opinion of this Court prima facie it cannot be said that the common
law English word 'WOW' has acquired any secondary meaning so as to relate it
only to the products and services of the Plaintiff, in the mind of the consumer.
The Plaintiff has been in use only since 2008 and the same cannot be treated as
'long period of time' as observed in PhonePe (supra) and Marico (supra). The
volume of turnover of Rs. 453 Cr. for the FY 2023-24 is also not a figure which
would persuade the Court to hold this mark acquired a secondary meaning.
11.4. It is also pertinent to note that there are other businesses in the market
which are using the word 'WOW' as part of their trade mark for their product
Signature Not Verified
Signed By:HEMANT CS(COMM) 1161/2024 Page 22 of 30
PRATAP SINGH
Signing Date:12.09.2025
21:46:34
and services and couple of such instance13 has been placed on record by the
Plaintiff itself as part of the compilation dated 30.01.2025. Moreover, a random
google search would reveal that there are various other businesses enlisted which
are using the word 'WOW' in the food industry itself. Therefore, in the
considered opinion of this Court at this prima facie interim stage it cannot be said
that the mark 'WOW' has acquired any secondary meaning in relation to the
Plaintiff.