New Delhi, Nov 30 (SocialNews.XYZ) The Delhi High Court has declared ITC Limited's '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 India's 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.