Itc Limited & Anr. Vs a and H Hospitality & Anr. — Delhi HC (2026) — LawSathi Research

Itc Limited & Anr. Vs a and H Hospitality & Anr. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition allowed and disposed of with all pending applications; respondent no. 1 to take appropriate steps within one week to file an application for voluntary cancellation/removal of the impugned mark 'BUKHARAH DARBAR', and respondent no. 2 to process that application within a further four weeks of receipt.

Issue for consideration

Whether the petition seeking cancellation/removal of the registered trade mark 'BUKHARAH DARBAR' should be allowed, respondent no. 1 having affirmed non-use and absence of any present or future intention to use the mark.

Ratio / Principle

Respondent no. 1, being the proprietor of the trade mark, undertook to file an application in accordance with law for voluntary cancellation/removal of the impugned mark 'BUKHARAH DARBAR' from the Register of Trade Marks.

Key takeaways

Respondent no. 1 is bound by the averments contained in the affidavit of Mr. Adnan Siddiqui and is directed to take appropriate steps within one week from the date of the order.ratio¶¶21
Respondent no. 2 is directed to process the cancellation application as and when received, within a further period of four weeks thereafter.ratio¶¶22
The petition is allowed and disposed of with all pending applications.

Detailed headnote1 paragraphs

Single-judge order of the High Court of Delhi (Tushar Rao Gedela, J.), dated 19.02.2026, allowing and disposing of C.O. (COMM.IPD-TM) 50/2026 (with I.A. 4397/2026 & I.A. 4398/2026) filed by ITC Limited & Anr. against A and H Hospitality & Anr. concerning the registered trade mark 'BUKHARAH DARBAR'. Acting on the affidavit of Mr. Adnan Siddiqui — recording that the mark, registered on 23.06.2018 without objection from the Trade Mark Registry, was never used, that respondent no. 1 has no present or future intention to use it, and no objection to its cancellation/removal — the Court took the affidavit on record, recorded respondent no. 1's undertaking to apply for voluntary cancellation/removal of the mark from the Register of Trade Marks, bound respondent no. 1 to the affidavit's averments with directions to take appropriate steps within one week, and directed respondent no. 2 to process the application within a further four weeks of receipt. No statute or precedent is cited.

$~50

IN THE HIGH COURT OF DELHI AT NEW DELHI

C.O. (COMM.IPD-TM) 50/2026, I.A. 4397/2026 & I.A. 4398/2026

ITC LIMITED & ANR. .....Petitioner

Through: Mr. Arvind Nayar, Senior Advocate with Mr. Sameer Rohatgi, Mr. Debjyoti Sarkar, Mr. Afzal B. Khan, Mr. Sharad Besoya and Mr. Akshay Joshi, Advocates.

versus

A AND H HOSPITALITY & ANR. .....Respondents Through: Ms. Allaka M., Ms. Tazeen Ahmed and Ms. Rasveen Kaur, Advocates for R-1. Ms. Nidhi Raman, CGSC with Mr. Om Ram and Ms. Nikita Singh, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 19.02.2026

In terms of the order dated 17.02.2026, the affidavit on behalf of the respondent no. 1 (A and H Hospitality) has been tendered by Mr. Adnan Siddiqui.

The deponent submits that at the time of applying for a registration of the mark impugned in the present suit, no objection was raised by the Trade Mark Registry and thus the said mark came to be registered by respondent no. 1 on 23.06.2018.

He further deposes that the operations under the said trade mark never commenced since then, till date.

He further deposes that the impugned mark “BUKHARAH DARBAR” has never been used at any point of time.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/02/2026 at 14:59:13

He further deposes that the respondent no. 1 does not have any present or future intention to use the impugned mark and has no objection to the cancellation or removal of the impugned mark from the Register of Trade Marks.

Accordingly, the respondent no. 1, being the proprietor of the given trade mark, undertakes to file an application in accordance of law for voluntary cancellation of the removal of the impugned mark “BUKHARAH DARBAR” from the Register of Trade Marks.

The aforesaid affidavit is taken on record.

The respondent no. 1 is bound by the averments contained in the said affidavit of Mr. Adnan Siddiqui. Accordingly, the respondent is directed to take appropriate steps within one week from date.

The respondent no. 2 is directed to process the said application as and when received within a further period of four weeks thereafter.

The photocopy of the affidavit dated 18.02.2026 is taken on record.

The learned counsel is requested to ensure that the original affidavit is on record within three days from date.

In view of the above, the petition is allowed and is disposed of with all pending applications.

TUSHAR RAO GEDELA, J

FEBRUARY 19, 2026/ anj

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/02/2026 at 14:59:13