Generic Praise Cannot Be Owned: Delhi High Court Clarifies Trademark Limits For Laudatory Expressions

In Indian trademark jurisprudence, courts have consistently emphasised that not every appealing or expressive word can claim exclusive ownership. Terms that merely praise, describe, or evoke enthusiasm, such as "super," "best," or "wow", often lack the distinctiveness required for trademark protection and remain within the public domain. This principle is deeply rooted in the fundamental policy that trademarks should distinguish source rather than monopolise everyday words of public use.

The decision of the Delhi High Court in Wow Momo Foods Pvt. Ltd. vs Wow Burger (Hong Kong) Ltd. reaffirms this principle, asserting that laudatory or generic expressions cannot, on their own, form the basis of proprietary trademark rights unless supported by strong evidence of acquired distinctiveness.