Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.14,O.XLI,R.1,O.XXXIX,Rr.1,2

Law: Trade Marks Ordinance (XIX of 2001)

Section: 5(2),39,40,46(2)

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 14 & O.XLI, R.1---First appeal---Documents filed along with appeal---Such documents not filed along with plaint before the Trial Court---Appellant filing such documents at appeal stage without seeking permission of court by making a separate application---Validity---Had such application been made by appellant, then court would have issued notice thereof to respondent before allowing or disallowing such request on merits---Such documents were, held, to be inadmissible at stage of appeal against impugned order. Messrs Ghulam Muhammad Dossul & Co. v. Messrs Vulcan Co. Ltd. and another 1984 SCMR 1024 rel. (b) Trade Marks Ordinance (XIX of 2001)--- ----S. 5(2)---Use of specific trademark to goods to be exported from Pakistan---Scope---Specific trademark, if applied to goods to be exported from Pakistan, would be deemed to have been actually used in Pakistan, thus, its prior use, reputation and goodwill would be deemed to have existed in Pakistan giving right to its owner (prior user) to restrain its infringement by third party. (c) Trade Marks Ordinance (XIX of 2001)--- ----S. 39---Distributor in trademark matters, role of---Scope---Distributor for being a representative of owner of trademark could not get its registration in his own name---Principles. Unless otherwise shown, the concept of a distributor in trademark matters is that a distributor is merely a representative of the owner of the trademark for a specified territory for supply or distribution of goods manufactured/ assembled/packed by the owners under his trademark. For such service, the distributor gets a certain commission. In such cases, distributor has no other relationship with the manufacturer/packer/assembler of goods, who is also the owner of trademark, and merely by distributing goods on behalf of the owner, a distributor does not and cannot become entitled to claim ownership of a mark to register the said trademark in his own name and even if he succeeds in securing trademark registration, that will be liable to be cancelled/rectified after the true owner obtains knowledge of existence of such registration. (d) Trade Marks Ordinance…

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