Delhi High Court: In a civil commercial suit filed by WIPRO seeking declaration of the mark ‘WIPRO’ as a well-known trade mark under Section 2(1)(zg) of the Trade Marks Act, 1999 (‘TM Act’), the Single Judge Bench of Tejas Karia, J, held that WIPRO had garnered immense goodwill and reputation both in India and abroad and such deserved to be classified as a well-known trade mark.
Background
Vide order dated 4-9-2025, the Court had directed the defendants to submit an undertaking confirming that the application for registration of the mark ‘SHIVAM UDYOG WIPRO WIRE MESH’ had been withdrawn. The defendants submitted that they were willing to suffer decree in terms of the plaint, provided the plaintiff did not press for prayers of damages and costs against the defendants.
The plaintiffs stated that they did not wish to press for damages and costs against the defendant. The plaintiffs prayed for a decree declaring their mark ‘WIPRO’ as a well-known trade mark under Section 2(1)(zg) of the TM Act.
Analysis, Law and Decision
The Court noted that the WIPRO conglomerate had been incorporated in 1945, had been continuously and uninterruptedly been using the trade mark ‘WIPRO’ since 1977 and had secured numerous trade mark registration over the same in 1991.
The Court further noted that the trade mark ‘WIPRO’ had secured international trade mark registrations in numerous jurisdictions including United States of America, United Kingdom, European Union, Australia, Israel, Philippines, Brazil, Canada, Malaysia, Mexico, etc and has garnered immense goodwill, reputation and recognition, on account of extensive sales, advertisement and promotion.
The Court noted that based on the material-on-record, it was evident that the plaintiff had beyond a doubt established that the mark ‘WIPRO’ had acquired the status of a well-known trade mark within the meaning of Section 2(1) (zg) of the TM Act.
[WIPRO Enterprises (P) Ltd. v. Shivam Udhyog , C.S. (COMM) No. 945 of 2025, decided on 6-10-2025]
Advocates who appeared in this case:
For the Plaintiff: Ankur Sangal, Ankit Arvind, Sauhard Alung, Advocates
For the Defendants: Sakshi Jain, Advocate
