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Delhi High Court Declares WIPRO a Well-Known Trademark, Orders Injunction Against Shivam Udhyog in Trademark Infringement Case

Shivam Y.

Delhi High Court Declares WIPRO a Well-Known Trademark, Orders Injunction Against Shivam Udhyog in Trademark Infringement Case

In a significant judgment strengthening the protection of established brands, the Delhi High Court has officially recognized WIPRO as a well-known trademark under Section 2(1)(zg) of the Trade Marks Act, 1999. The decision came on October 6, 2025, in the case Wipro Enterprises Pvt. Ltd. vs. Shivam Udhyog & Anr. (CS(COMM) 945/2025), where Justice Tejas Karia passed the decree after the defendants agreed to withdraw their infringing trademark application.The order ensures that WIPRO’s brand identity - built over decades - enjoys broader legal protection against misuse or imitation.

Background

The dispute began when Shivam Udhyog, a Delhi-based entity, applied for registration of the mark "SHIVAM UDHYOG WIPRO WIRE MESH" under Class 06. Wipro Enterprises, part of the globally renowned Wipro Group founded in 1945 by late M.H. Hasham Premji, filed a suit alleging trademark infringement and passing off.

During initial hearings, the defendants agreed to "suffer a decree" - meaning they accepted the court's decision - if Wipro did not insist on damages or litigation costs. Accordingly, the defendants withdrew their trademark application (No. 6415131) and filed a Short Affidavit of Undertaking dated September 9, 2025, confirming they would not use any mark identical or deceptively similar to "WIPRO".

This move effectively acknowledged Wipro’s seniority and exclusive rights over the mark.

Court's Observations

Justice Tejas Karia took note of Wipro's long-standing use of the mark, tracing back to 1977. The Court recorded the company's extensive global presence, with registered trademarks across multiple jurisdictions including the United States, United Kingdom, European Union, Australia, and Canada.

The Court observed that Wipro had not only built a strong consumer base but had also achieved immense brand recall through consistent marketing and innovation.

"The Plaintiff has beyond a doubt established that the mark ‘WIPRO’ has acquired the status of a well-known mark," the bench stated, emphasizing that Wipro’s name had become synonymous with quality and reliability.

The order detailed impressive figures:

  • ₹60,775.6 crore in total sales between FY 1994–95 to FY 2023–24,
  • ₹8,800 crore in total promotional spending over the same period, and
  • ₹702.2 crore promotional expenditure in FY 2023–24 alone.

The Court remarked that such consistent commercial activity and recognition "firmly entrench WIPRO’s brand as one that transcends geographical and product boundaries."

Submissions by Wipro

Appearing for Wipro, Mr. Ankur Sangal, assisted by Mr. Ankit Arvind and Mr. Sauhard Alung, presented extensive documentation, including domestic and international trademark certificates, financial reports, and advertising expenditures to demonstrate the brand-s global reputation.

They argued that Wipro's mark had become a household name, not confined to one industry but spanning consumer care, lighting, IT, and industrial products. The company also operates major websites such as wiproconsumercare.com and wiproenterprises.com - active since 2013 - further proving its digital footprint and consumer engagement.

"The mark WIPRO is not just an identifier of source; it represents decades of trust and innovation," counsel submitted, urging the court to confer well-known status formally.

Defendant's Position

Representing Shivam Udhyog, advocate Ms. Sakshi Jain informed the court that her clients had no intention to contest the claim and were willing to comply fully with the previous order dated September 4, 2025. The defendants assured the Court they had withdrawn their application and would cease all use of the WIPRO name in any form.

This cooperative stance allowed the matter to proceed swiftly toward final resolution without a prolonged trial.

Decision

After reviewing the submissions, Justice Tejas Karia decreed the suit in favor of Wipro Enterprises Pvt. Ltd., confirming that the company's mark "WIPRO" qualifies as a well-known trademark. The Court granted relief in terms of prayer clauses (a) to (d) of the suit - including a permanent injunction against the defendants from using the infringing mark - while noting that Wipro had voluntarily chosen not to pursue damages or costs.

"The Plaintiff has established its mark’s reputation through decades of consistent use, substantial sales, and global recognition," the Court observed, before directing that a Decree Sheet be drawn up accordingly.

With this order, the Court reaffirmed that misuse of established marks - even in unrelated industries - can invite serious legal consequences, thereby reinforcing the intellectual property regime in India.

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

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