Understanding WIPRO’s ‘Well-Known Trademark’ Status

Drafting Credit: Sidratul Muntaha, Research Associate

Image credits: via Freepik

A vegetable oil business turned into a global technology corporation, and the name became synonymous with quality and trust in the world of business. This is the story of the now-well-known Wipro in the world of IP history. Wipro initiated an action against Shivam Udyog when the latter attempted to register the mark “Shivam Udyog WIPRO Wire Mesh” for Class 6, Application Number 6415131. The Delhi High Court recognized WIPRO as a well-known mark under Section 2(1)(zg) of the Trademarks Act, 1999, on October 6, 2025.¹ This was after the defendant’s trademark application was already withdrawn.

The dispute gained momentum because Wipro Enterprises Pvt. Ltd., incorporated in 1945, has been using the name WIPRO since 1977 in many areas, from consumer care and lighting to technology and other sectors.²

The court looked at the facts that established the brand’s good reputation and reach. It looked at Wipro’s high sales and revenue over the years, the number of trademark registrations Wipro has made over the years starting from the early 1990s, its registrations in various countries, including but not limited to, the United States of America, United Kingdom, European Union, Australia, Israel, Philippines, Brazil, Canada, Malaysia, and Mexico etc. It also looked at Wipro’s promotional expenditure of about INR 8,800 crores from 1994-95 to 2023-24 and INR 702.2 in 2023-24.

Justice Tejas Karia noted that the trademark had built substantial goodwill over decades, making it deserving of protection even against use on unrelated goods, in accordance with Section 11, Trademarks Act, 1999. ³

So what exactly qualifies a mark as “well-known”? Under Section 2(1)(zg), it is a mark that is widely recognised by the relevant public for its goods or services.⁴ Factors like continuous use, market reputation, level of promotion, and brand enforcement history all take center stage. Registration is not required, but strong evidence remains important.

This classification acts as a shield against dilution, extending protection even to unrelated goods and services under Section 11(2) of the Trade Marks Act, 1999, provided the mark’s reputation is sufficiently widespread among the public.⁵ The ruling also provides an important lesson for brand owners: “credibility must be developed.” Being well-known is not an accident. It requires a history of reputation, thorough documentation, and strategic protection.

1. WIPRO Enterprises (P) Ltd. v. Shivam Udhyog , 2025 SCC OnLine Del 6427. ↩︎
2. Delhi HC upholds ‘WIPRO’ as a well known trademark, ET Brand Equity (13 Oct, 2025, 11:23 AM) https://brandequity.economictimes.indiatimes.com/news/business-of-brands/delhi-hc-upholds-wipro-as-a-well-known-trademark/124518777 ↩︎
3. Trade Marks Act, 1999, § 11, No. 47, Acts of Parliament, 1999 (India). ↩︎
4. Trade Marks Act, 1999, § 2, cl. 1 (zg), No. 47, Acts of Parliament, 1999 (India). ↩︎
5. Trade Marks Act, 1999, § 11, cl.2 No. 47, Acts of Parliament, 1999 (India). ↩︎