DELHI HIGH COURT RECOGNIZES NUTELLA AS WELL-KNOWN TRADEMARK IN INDIA.
15/09/2025
Nutella, the iconic hazelnut cocoa spread produced by the Italian confectionery giant Ferrero, has been sold globally since 1964 and in India since 2009. Known for its distinct taste, packaging, and brand identity, Nutella is part of the Ferrero Group’s portfolio, which includes other globally recognized brands such as Ferrero Rocher, Tic Tac, and Kinder. The Nutella jar features a unique wide-necked design, a white plastic cap, and a label displaying the red-and-black logo, bread slice illustration, hazelnuts, milk jar, and signature yellow flowers.
The brand has long-standing goodwill, extensive advertising, and high consumer recognition. In India, Nutella has been continuously promoted through multiple channels, with substantial marketing expenditure reaching crores of rupees annually and sales figures running into hundreds of crores. The brand’s trademark registrations in India date back to 1975, covering a wide array of classes related to food, packaging, and related goods.
In 2021, MB Enterprises, a Thane-based company, was found to be manufacturing and distributing counterfeit Nutella products using identical packaging, labels, and trade dress. A raid by the Maharashtra Food and Drug Administration resulted in the seizure of over 9.5 lakh counterfeit units and 4 lakh packaging items.
Ferrero filed a lawsuit in the Delhi High Court seeking:
• A permanent injunction against the defendant for trademark infringement and passing off.
• Delivery up of counterfeit goods.
• Damages for the unauthorized use of the Nutella brand.
The defendant failed to respond, leading to ex parte proceedings.
The Delhi High Court, considering the evidence, held that:
1. Nutella qualifies as a well-known trademark under Section 2(zg) and Section 11(6) of the Trade Marks Act, 1999 due to:
• Long-standing use in India and globally.
• Extensive advertising and promotional expenditure.
• Strong brand recognition and secondary meaning among consumers.
• Distinctiveness of packaging and trade dress.
2. The defendant’s actions demonstrated mala fide intent, misleading consumers and posing potential public health risks, as counterfeit edible products were involved.
3. A permanent injunction was granted restraining the defendant from manufacturing, distributing, or selling counterfeit Nutella products.
4. Damages of 30 lakh and costs of 2 lakh were awarded in favor of Ferrero.
5. The ruling reaffirmed that trademarks like Nutella are symbols of consumer trust, and enforcement against counterfeiters protects both brand value and public safety.
This landmark decision establishes Nutella as a well-known trademark in India, reinforcing Ferrero’s exclusive rights and protecting consumers from counterfeit edible goods. The case underscores the importance of stringent trademark enforcement, especially for food products, where consumer safety and public health are at stake. It also serves as a strong precedent for other international brands seeking recognition and protection of well-known marks in India.
Nandini Kohli