Delhi High Court Recalls Stay On 'THE BREW BUKHARA' Trademark In ITC Dispute

The Delhi High Court recently recalled an ex-parte stay it had earlier granted to ITC Limited concerning the trademark registration of 'THE BREW BUKHARA'.

In contrast to the Court's view just days earlier, Justice Tushar Rao Gedela on 19 February held that since the respondent, Umesh Arora, is the registered proprietor of the disputed mark, an ad interim injunction could be considered only after he has been given an opportunity to file a reply.

He held:

“...since the respondent no. 1 is undoubtedly a registered proprietor of the impugned registered trademark, an ad interim injunction may be passed only after affording an opportunity to the respondent no. 1 to file its reply….”

ITC had filed a rectification petition under Sections 47 and 57 of the Trade Marks Act, seeking cancellation of Arora's mark. The company contended that it has been continuously using the 'BUKHARA' trademark since the late 1970s for its restaurant at the ITC Maurya Hotel, and that the mark is recognised as "well-known" by courts and the Trade Marks Registry.

On 16 February, the court had found a prima facie case of deceptive similarity between the marks and had stayed the operation of the trademark registration. It also restrained Arora from using the mark, noting that his identical style of writing gave the impression that 'THE BREW BUKHARA' was associated with ITC, suggesting that the adoption was not honest.

In the hearing on 19 February, the Court cited Supreme Court and Delhi High Court precedents to justify recalling the earlier stay. While the restraint on use was temporarily lifted, the Court directed Arora not to create third-party rights, alienate, or assign the trademark 'THE BREW BUKHARA'.

The Court will hear the case on the merits of ITC's injunction application on 7 May 2026, after pleadings are completed.

For ITC: Senior Advocate Shyel Trehan with Advocates Tanmay Mehta, Suhrita Majumdar, Afzal B. Khan, Debjyoti Sarkar, Sharad Besoya and Vidhi Jain

Click here to read February 16, 2026 Order