Sweet news from India: Nutella declared as well-known trademark
07 August 2025
Siddharth Varshney | attorney @ Ira Law, New Delhi
The Delhi High Court declared Nutella a well-known trademark in India, ruling in favour of Italian chocolate maker Ferrero in a trademark infringement lawsuit against Thane-based MB Enterprises.
The latter was found to be manufacturing, distributing and selling counterfeit Nutella products using identical packaging, labels and trade dress. A 2021 raid by the Maharashtra Food and Drug Administration resulted in the seizure of a large number of counterfeit Nutella products and packaging items.
Nutella, which is the brand name for the popular thick hazelnut cocoa spread, is produced by the Italian confectionery company.
According to the Delhi High Court, Nutella deserves to be granted the well-known trademark status because of the brand’s uninterrupted commercial presence in India since 2009 and global dominance since 1964. “It acknowledged the enormous advertising spend, sales figures and widespread consumer recognition in relation to the trademark,” said Siddharth Varshney, attorney at Ira Law in New Delhi.
Long-standing market presence, strong brand reputation and goodwill are key criteria for a brand to be declared a well-known trademark under India’s Trade Marks Act. The court also acknowledged Nutella’s distinctiveness in the market and secondary meaning.
“The decision is a much-needed boost for brand owners fighting counterfeiters in India’s rapidly growing consumer market. Additionally, the court’s emphasis on the public health risks arising from counterfeit food products is important, as it aligns trademark enforcement with consumer safety. This underscores that trademarks are not just business assets but also symbols of consumer trust,” said Varshney.
The World Intellectual Property Organization and the International Trademark Association had previously declared Nutella as a well-known trademark.
The Delhi High Court awarded Ferrero Rs3 million (US$34,200) in damages and Rs200,000 (US$2,300) in costs. It also issued a permanent injunction barring MB Enterprises from further using the Nutella brand for its illegal activities.
- Espie Angelica A. de Leon
