Nutella gets Well-Known Trademark Status in India

• 01 Aug 2025
• 361 Views

The Delhi High Court has recently declared "Nutella," a hazelnut and cocoa spread, as a well-known trademark under Section 2(zg) of the Trade Marks Act, 1999. The Court noted that the Italian brand enjoys widespread recognition not only in India but around the world. The order was passed by a bench headed by Justice Saurabh Banerjee.

The Court, in a 15-page judgement, stated, “This leaves no shadow of doubt that plaintiffs are well established in the markets all across the globe and are not mere fly-by-night operators. Their registered trademarks ‘NUTELLA’/ and its variants are recognised all across the globe, including but not limited to India. The plaintiffs have been able to cross the threshold of their registered trademarks ‘NUTELLA’/ being declared as ‘well-known trademark’ as per Section 2(zg) of the Act.”

Additionally, the Court considered the fact that Nutella had previously been recognized as a well-known trademark by both World Intellectual Property Organization (WIPO) and the International Trademark Association. This judgment was in response to a lawsuit filed by plaintiff Ferrero SpA, the Italian confectionery company behind Nutella’s production, against a company accused of trademark infringement. The plaintiffs' products are distributed worldwide in over 170 countries, either directly or through authorized distributors, under popular brand names.

The defendant was involved in the manufacture, supply and sale of counterfeit Nutella products that bore identical trademarks, labels and trade dress as Ferrero's original offerings, as per allegations reported by LiveLaw. In ruling in favor of Ferrero, the Court expressed concern about the public health risks posed by such counterfeit goods, particularly since they are edible products consumed by a broad demographic, including children.

The Court added, “Since the counterfeit products of the defendant under the very same trademark of the plaintiffs 'NUTELLA'/ are available in the open market, without any checks and balances with ease, the same needs to be regulated as it can be harmful for human consumption. If not stopped, the same can cause serious public harm. This can also result in dilution of the long-standing reputation and goodwill of the plaintiffs.” 

Source: 

• LiveLaw

• LiveMint

• LawBeat