Two recent decisions from the Delhi High Court highlight the risks of building brands around common or laudatory terms.

1. In Yatra.com, [CS(COMM) 1099/2024] the Court held that “Yatra” (meaning “journey/travel”) is descriptive and part of everyday parlance. The Plaintiff could not establish that the word had acquired a secondary meaning exclusively pointing to its services.
2. In another case concerning use of “WOW! BURGER” and objection to its use by ‘WOW! MOMO’[CS(COMM) 1161/2024], the Court observed that laudatory expressions are meant to praise or exclaim and cannot easily be monopolised. Despite commercial success, the brand could not demonstrate that consumers identify “WOW” only with its goods.

Key legal principle:

For a common word to enjoy protection, a brand must prove overwhelming distinctiveness through surveys, sales data, advertising spends, and consumer recognition. Even then, courts are reluctant to grant exclusivity over such words to a single trader.

Take away for brand owners

1. Pair with distinctive elements- Logos, stylisation, colour schemes, or coined words can turn a weak mark into a protectable one.
2. Build secondary meaning- Long, exclusive use, consistent brand messaging and strong evidence of consumer recognition.
3. Invest in brand architecture – Use coined or suggestive terms alongside descriptive ones (MakeMyTrip instead of just “Trip,” OYO Rooms instead of “Rooms”).
4. Protect trade dress and overall identity- Even if the word is weak, look, feel, and consumer association of brand may still be enforceable.

Based on recent decisions from the Delhi High Court, it has become increasingly evident that building a brand around common or laudatory terms comes with significant risks. If your business is considering adopting or enforcing a brand name built on a common word, now is a crucial time to rethink your strategy. It’s essential to ensure that you are investing in the protection of a name or term that not only has the potential to be protected legally but also genuinely sets you apart from the competition.

Ultimately, while common words are excellent for recall and marketing, they are fragile in the courtroom. A strong naming and branding strategy must balance consumer appeal with legal defensibility to build a robust and distinctive brand identity.