Delhi HC declares ITC Maurya’s “Bukhara” trademark to be well-known.

New Delhi, Nov 30 : The Delhi High Court has declared ITC Limiteds Bukhara as a well-known trademark under Section 2(zg) read with Section 11(2) of the Trade Marks Act and also directed the Registrar of Trademarks to add the same to the list of well-known marks following the completion of required formalities.

The court observed that the attribute of certain trademarks attaining the status of well-known marks had been acknowledged by courts in India for about three decades.

ITC had filed a case against a Gurgaon restaurant claiming that the usage of the mark Balk Bukhara is an infringement of its trademark.Additionally, ITC sought a declaration of its mark Bukhara as a well-known mark.Justice Prathiba M.Singh also observed that there is no doubt that Bukhara was a well-known mark as the restaurant has won numerous awards and has had celebrities visiting from across the globe.Defending Balm Bukhara, Advocates Peeyoosh Kalra and Nikita Anand informed the court that the mark Bukhara had not been protected by courts in the USA.Whereas, the court said as the mark Bukhara originated in India, the judgments from USA courts would not be applicable in Indias context."It enjoys substantial goodwill and reputation not only among Indians but also among foreigners who travel to India and carry back the said reputation," said the court.

Further, the court restrained the defendants from using the mark Balk Bukhara or any other similar mark in any form and directed them to change the items or places where the mark appears before December 31, 2022.The defendants, however, agreed not to use the mark or any other mark with the word Bukhara for their hotel, restaurant, or other hospitality services.

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