Delhi High Court declares “Wipro” as a well-known Trade Mark

Delhi High Court declares “Wipro” as a well-known Trade Mark

The leading law firm in India, Khaitan & Co, successfully represented Wipro Enterprises Private Limited before the Delhi High Court, resulting in the declaration of the trademark ‘WIPRO’ as a well-known mark under Section 2(1)(zg) of the Trade Marks Act, 1999. This formal recognition underscores the brand’s enduring reputation, extensive commercial presence, and exclusive association with Wipro Enterprises.

The Delhi High Court, while recognizing the half-century-old legacy of the brand “WIPRO”, has declared it as a well-known trade mark.

Background of the Case

The suit, Wipro Enterprises Private Limited vs Shivam Udhyog, was instituted against Shivam Udhyog and its partners, who had applied to register “SHIVAM UDHYOG WIPRO WIRE MESH” as a trademark in Class 06. Upon receiving summons, the defendants withdrew their application and gave an undertaking not to use the WIPRO mark or any deceptively similar mark in the future.

Court Findings

Justice Tejas Karia observed that Wipro had established beyond doubt that the mark ‘WIPRO’ qualifies as a well-known trademark under the Trademarks Act. 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, 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.

The Court, while declaring the trade mark “WIPRO” as well-known, has taken note of various factors such as large sales turnover (approximately INR 60,775.6 crores from financial years 1994-95 till 2023-24), INR 8,800 crores towards total promotional expenditure, numerous trademark registrations, awards and recognitions, brand endorsements, extensive advertisement and promotion, and international trademark registrations.

After examining the evidence, Justice Karia held that the material placed on record conclusively established Wipro’s longstanding and dominant market presence.

Outcome

The Delhi High Court granted a permanent injunction against further infringement and officially declared ‘WIPRO’ as a well-known trademark.

Representation
Wipro Enterprises Private Limited was represented by Ankur Sangal (Partner,), Ankit Arvind (Principal Associate,), Sauhard Alung (Senior Associate,), and Rishabh Rao (Advocate) from Khaitan & Co.

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