Delhi High Court declares WIPRO a well-known trademark

The Delhi High Court has declared the trademark ‘WIPRO’ as a well-known mark within the meaning of Section 2(1)(zg) of the Trade Marks Act, 1999, formally recognising the brand’s enduring reputation, extensive commercial presence, and its association exclusively with Wipro Enterprises Private Limited [Wipro Enterprises Private Limited Vs Shivam Udhyog]..Justice Tejas Karia, while decreeing the suit in favour of Wipro Enterprises, observed that the company had established that the mark ‘WIPRO’ has acquired the status of a well-known mark under the Trademarks Act beyond a doubt.The Court held that the mark’s continuous and widespread use since the 1970s, coupled with its significant financial and promotional footprint, justified its recognition as a well-known trademark..The order was passed on a suit instituted by Wipro Enterprises Private Limited against Shivam Udhyog and its partners (defendants), who had applied to register “SHIVAM UDHYOG WIPRO WIRE MESH” as a trademark in Class 06. Upon receiving summons, the defendants withdrew their application before the Registrar of Trade Marks and gave an undertaking that they would not use Wipro’s mark or any deceptively similar mark in the future.Wipro agreed not to press its claims for damages or costs, provided a decree was passed restraining further use of the WIPRO mark and declaring it as a well-known trademark. The Court accordingly proceeded to consider the company’s request for recognition of its mark as a well-known trademark. .Wipro submitted that the company was originally incorporated in 1945 as Western India Vegetable Products Limited by MH Hasham Premji, and has used the trademark ‘WIPRO’ in relation to its consumer care and lighting products since at least 1977. It further stated that over the decades, the brand has diversified into multiple sectors and established itself as one of India’s most recognised corporate names.The company placed on record details of its extensive trademark registrations—both in India in Classes 3, 5, 7, 9, 11, 16, 20, 29, 30, 35, 37, 40, and 42, and internationally in various foreign jurisdictions including the United States, United Kingdom, European Union, Australia, Israel, Brazil, Canada, Malaysia, and Mexico.To demonstrate its goodwill, Wipro filed evidence showing a cumulative turnover of ₹60,775.6 crore between FY 1994–95 and FY 2023–24, including ₹5,055.9 crore in FY 2023–24 alone, and a total promotional expenditure of ₹8,800 crore, with ₹702.2 crore spent in FY 2023–24. The company also pointed to its global recognition, awards, and media presence to establish that the mark ‘WIPRO’ had become synonymous with the group’s identity..After examining the evidence, Justice Karia held that the material placed on record conclusively established Wipro’s longstanding and dominant market presence.“The Plaintiff has been using the mark ‘WIPRO’ continuously and uninterruptedly at least since the year 1977… The mark ‘WIPRO’ has become synonymous with the Plaintiff alone," it said. The Court found that Wipro’s extensive use, international registrations, consistent market performance, and substantial promotional investments met the criteria for declaring the mark as well-known under the Trademarks Act.Accordingly, the Court granted a permanent injunction against further infringement of the mark and declared ‘WIPRO’ a well-known trademark. .Wipro Enterprises Private Limited, was represented by Advocates Ankur Sangal, Ankit Arvind, Sauhard Alung and Rishab Rao from Khaitan & Co. .[Read Judgment]