Delhi HC Declares ‘WIPRO’ As Well-Known Trademark Under Trade Marks Act, 1999 [Read Order]

New Delhi: The Delhi High Court has delivered a significant judgment declaring ‘WIPRO’ as a well-known trademark under Section 2(1)(zg) of the Trade Marks Act, 1999, recognizing the mark’s extensive goodwill, reputation, and continuous use spanning nearly five decades.

Justice Tejas Karia of the Delhi High Court made crucial observations on the criteria for establishing well-known trademark status while addressing a plea filed by Wipro Enterprises Private Limited, seeking a declaration of trademark infringement and recognition of the mark as well-known.

Addressing the compliance by defendants, the court observed, “In compliance of order dated 04.09.2025, the Defendant Nos.1 and 2 have filed Short Affidavit of Undertaking dated 09.09.2025 confirming that the Application for registration of the mark ‘SHIVAM UDHYOG WIPRO WIRE MESH’ in Class 06 has been withdrawn and the said Mark or any other deceptively similar mark with the Plaintiff’s Trade Mark ‘WIPRO’ shall not be used by the Defendant Nos.1 and 2.”

The court highlighted the historical legacy of the WIPRO brand, stating, “The WIPRO Conglomerate was incorporated on 29.12.1945, by Late Mr. M.H. Hasham Premji, as Western India Vegetable Products Limited. The Plaintiff, through its predecessor in interest, has been conducting business of consumer care products and lighting business under the Trade Mark ‘WIPRO’ at least since the year 1977.”

In a critical observation about the extensive trademark portfolio, the court stated, “The Plaintiff has secured numerous trade mark registrations over ‘WIPRO’ and ‘WIPRO’ formative trade marks in Classes 3, 5, 7, 9, 11, 16, 20, 29, 30, 35, 37, 40, 42 since as far back as the year 1991.”

The court emphasized the global recognition of the mark, noting that “The Plaintiff has also secured international trade mark registrations for the Trade Mark ‘WIPRO’, in numerous jurisdictions including but not limited to the United States of America, United Kingdom, European Union, Australia, Israel, Philippines, Brazil, Canada, Malaysia, and Mexico.”

Regarding the commercial success and market presence, the court observed, “The extensive sales turnover of the Plaintiff under the Trade Mark ‘WIPRO’ is evident from INR 60,775.6 crores total sales from Financial Years 1994-95 till 2023-24, and INR 5,055.9 crores sales in Financial Year 2023-24 itself.”

The court highlighted substantial promotional investments, stating, “The Plaintiff has also spent a substantial amount on marketing and advertising its products and services under the trade mark ‘WIPRO’. The details show INR 8,800 crores total promotional expenditure since Financial Years 1994-95 till 2023-24, and INR 702.2 crores for promotional expenditure in Financial Year 2023-24 itself.”

In its assessment of well-known status, the court observed, “The Plaintiff has been using the Mark ‘WIPRO’ continuously and uninterruptedly at least since the year 1977. The Plaintiff has been expanding into various sectors since the 1980s and has obtained various registrations for the ‘WIPRO’ Mark in multiple classes with the earliest registration for the ‘WIPRO’ device Mark in the year 1991.”

The court emphasized the reputation earned by the Plaintiff, stating, “The Plaintiff has earned considerable goodwill and reputation in India which is evident from the enormous revenue earned by the Plaintiff between the Financial Years 1994-95 and 2023-24, which stands at INR 60,775.6 crores, and has led to the Mark ‘WIPRO’ becoming synonymous with the Plaintiff alone.”

In its final directive, the court stated, “Considering the averments and documents on record, the Plaintiff has beyond a doubt established that the Mark ‘WIPRO’ has acquired the status of a well-known mark within the meaning and scope of Section 2(1)(zg) of the TM Act. In view of the above, the Suit is decreed in terms of prayers (a) to (d) of the Suit.”

The court further emphasized that the Plaintiff’s business under the trademark ‘WIPRO’, including its diverse portfolio of fast-moving consumer goods, continues to receive widespread recognition in newspapers, as well as in print and digital media.

Mr. Ankur Sangal, Mr. Ankit Arvind, and Mr. Sauhard Alung appeared as counsel for the plaintiff, while Ms. Sakshi Jain appeared for the defendants.

Case Title: Wipro Enterprises Private Limited vs. Shivam Udhyog & Anr.

[Read Order]