Delhi High Court Cancels 'The Brew Bukhara' Trademark On ITC's Plea

The Delhi High Court has recently cancelled the registration of “THE BREW BUKHARA”, a device mark registered by Gurugram resident Umesh Arora. The cancellation followed a challenge by ITC Limited and ITC Hotels Limited, which claimed that the mark was deceptively similar to their “BUKHARA” trademark.

Justice Purushaindra Kumar Kaurav noted that Arora did not file a reply despite being served. His trademark agent, Balaji IP Practice, informed the court by email that use of the mark had been discontinued. The agent also stated that Arora was willing to formally relinquish it.

The court delivered the judgment on October 5, 2026.

Arora applied for “THE BREW BUKHARA” on January 22, 2019, on a “proposed to be used” basis. The mark was registered on July 21, 2019, in Class 43, which covers services including restaurants, hotels, catering and bars. The registration was valid until January 2029.

ITC sought cancellation under the Trade Marks Act, 1999. It argued that the mark was nearly identical or deceptively similar to its earlier registered “BUKHARA” trademark. ITC also contended that both marks covered identical services likely to be offered through the same trade channels to the same or similar customers.

According to the judgment, ITC Limited first applied to register “BUKHARA” on April 23, 1985. The company has used the mark continuously and extensively for four and a half decades.

The court noted that “BUKHARA” had been declared a well-known trademark in a November 14, 2022 judgment involving Central Park Estates Private Limited. The mark was also included in the list of well-known trademarks published in the Trade Marks Journal on October 7, 2024.

The court observed that when a registered proprietor fails to file a reply despite being served, “the averments in the rectification petition remain unrebutted and are deemed to be admitted.”

“ In view of the position taken by respondent no.1,” the court ordered cancellation of the registration.

It allowed the petition and directed the Trade Marks Registry to give effect to the order within six weeks of receiving a copy of the judgment. The pending application was also disposed of.