Monitoring Report
ISLAMABAD/LONDON: Pakistan’s viral “Chaiwala” Arshad Khan has launched a legal challenge before the UK Intellectual Property Office (UKIPO), seeking to invalidate a figurative trademark registered by his former UK business partner Nadir Khan Durrani.
The legal action has escalated a long-running commercial dispute over ownership and unauthorised use of Arshad Khan’s name, likeness and the Café Chaiwala Arshad Khan brand.
Arshad Khan and his business partner Syed Kazim Hasan have brought the claim against Nadir Khan Durrani, alleging breaches of contract, abuse of trust and unauthorised use and registration of intellectual property associated with the brand.
According to documents filed by the applicants through Kulachi Solicitors, Durrani registered a figurative mark incorporating Arshad Khan’s likeness after the business relationship between the parties had ended. The applicants contend that Durrani no longer had permission to use or register Khan’s intellectual property independently.
Arshad Khan rose to international fame in 2016 after photographer Javeria Ali captured his photograph while he was making tea at a roadside stall in Islamabad. His striking blue eyes and distinctive appearance quickly made him a social-media sensation in Pakistan, India and beyond.
The controversy emerged after the brand expanded internationally. In 2021, a UK Master Franchise Agreement was signed with Nadir Khan Durrani and Yawar Akbar Durrani for the development of the Café Chaiwala Arshad Khan business in the UK.
The relationship later deteriorated amid disputes concerning royalty payments, branding, contractual obligations, business operations and intellectual-property rights. Following disputes surrounding the Café Chaiwala Arshad Khan outlet in Ilford, East London, Yawar Akbar Durrani resigned from the UK company.
The franchise relationship was formally terminated on April 8, 2025, according to the applicants. They maintain that the Master Franchise Agreement granted the UK partners only limited and conditional rights to use the Café Chaiwala Arshad Khan intellectual property during the term of the franchise.
The applicants allege that despite the termination, Durrani subsequently applied on August 19, 2025 to register the disputed figurative trademark in his own name. They argue that the application was made in bad faith and therefore falls within the provisions of Section 3(6) of the UK Trade Marks Act 1994.
A central element of the challenge is the use of Arshad Khan’s face and likeness in the disputed logo. The applicants argue that Durrani had no continuing consent or licence to commercially register or use Khan’s image after termination of the franchise agreement.
They further contend that continued use of the likeness could mislead customers into believing that businesses displaying the image remained authorised, endorsed, sponsored or controlled by Arshad Khan.
The legal filing also alleges that the disputed logo has continued to be used in connection with café businesses in Ilford and Slough without Khan’s consent.
Meanwhile, brothers Asif Khaliq and Yousuf Khaliq are described by the applicants as the current master franchise owners of the Arshad Khan Chaiwala brand. They operate a Café Chaiwala Arshad Khan outlet in Tooting and are planning further UK outlets.
Durrani has disputed Khan’s account of the commercial relationship. He has maintained that the UK operation invested substantially in developing the cafés and alleged that it received inadequate operational and marketing support from the franchisor. He is expected to contest the legal challenge.
The UKIPO tribunal will now consider the merits of the challenge, including the circumstances surrounding the trademark application, the allegation of bad faith and whether the applicants can establish the legal rights and goodwill required to invalidate the registration.
The case could ultimately determine who is entitled to commercially use key elements of the Café Chaiwala Arshad Khan identity in the UK, including the distinctive likeness that helped turn a young Islamabad tea seller into an internationally recognised brand.
