Nutella Officially Recognized as a Well-Known Trademark in India: A Landmark Ruling by the Delhi High Court
July 29, 2025
In a powerful verdict that reinforces brand protection and consumer safety, the Delhi High Court has officially declared “Nutella” a well-known trademark in India, recognizing its distinctive identity, global reputation, and strong association with consumers. The ruling was issued in a trademark infringement and counterfeiting case filed by Ferrero SpA, the Italian confectionary giant behind the iconic hazelnut cocoa spread.
This judgment not only protects the Nutella brand against copycats but also sets a strong legal precedent for future enforcement actions across Indian markets.
Background of the Case
The case arose after a 2021 raid by the Maharashtra Food and Drug Administration (FDA) uncovered a massive counterfeiting operation involving nearly 9.5 lakh fake Nutella jars and 4 lakh packaging components. The counterfeit goods were being manufactured and distributed by MB Enterprises, a Thane-based entity that copied Nutella’s packaging, labeling, and overall trade dress in an attempt to deceive consumers.
Ferrero SpA filed a lawsuit alleging infringement of its trademark rights and sought judicial recognition of Nutella as a “well-known trademark” under Section 2(zg) of the Trade Marks Act, 1999.
The Court’s Observations
Justice Saurabh Banerjee, presiding over the case, ruled in Ferrero’s favour and passed a summary judgment, noting:
“By virtue of its long-standing use, extensive marketing, and unique trade dress, ‘Nutella’ has become synonymous with a thick creamy hazelnut cocoa spread.”
The Court observed that Nutella has been in the global market since 1964 and in India since 2009, and has built strong consumer recognition through consistent branding, packaging, and marketing. As such, it satisfied the test laid down in Indian trademark law to be deemed a well-known mark.
Permanent Injunction and Damages
In addition to declaring Nutella a well-known trademark, the Court also:
Issued a permanent injunction restraining MB Enterprises from using any deceptively similar mark, label, or packaging.
Awarded ₹30 lakh in damages to Ferrero SpA for the harm caused.
Emphasized the public health risks posed by counterfeit food products, particularly those consumed by children.
Justice Banerjee remarked:
“If not stopped, this kind of counterfeiting can cause serious public harm… The aspect of due diligence and circumspection is necessary.”
What This Means for Brand Owners in India
The recognition of Nutella as a well-known trademark carries significant implications for brand protection in India:
Well-Known Trademark Status Enhances Enforcement Power:
Recognition under Section 2(zg) strengthens the ability to block infringing marks, even across unrelated goods or services.
Trade Dress and Packaging Matter:
The Court’s emphasis on Nutella’s overall trade dress signals stronger judicial support for visual brand identity in infringement cases.
Ex Parte Orders Are Possible in Serious Infringements:
MB Enterprises did not respond to summons. The Court proceeded ex parte, demonstrating that non-participation won’t stall enforcement.
Consumer Protection Is Key in Food-Related IP Disputes:
The case also highlights how trademark law can serve public health interests, particularly when counterfeit goods pose real risks to consumers.
This ruling by the Delhi High Court is not just a win for Ferrero SpA, but also a reminder to all brand owners about the importance of robust trademark registration, vigilant monitoring, and swift legal action against counterfeiters.
At IP Master, we help businesses safeguard their brands through strategic registration, opposition handling, enforcement support, and litigation guidance.
If you believe your brand is being copied or counterfeited or if you want to explore how to get your trademark recognized as a well-known mark, get in touch with us today.
Author: Siju Rajan
Registered Trademark agent
WhatsApp: +91 7012431293