Law:

Section:

(a) Trade Marks Act (V of 1940)--- ----S. 14---Trade mark, nature of---Scope---Registration of trade mark was not restricted to one word, but it may comprise of composite and/or composition of common to use and/or invented words, coupled with numerical, device, diagram, picture and or any image etc. and/or any combination thereof. (b) Trade Marks Act (V of 1940)--- ----S. 10---Trade mark---'Dominant feature' of a trade mark---Certain trade marks carried one or more prominent features that clearly distinguished goods of one proprietor from their competitors dealing in similar goods---Such distinguishing feature in parlance of intellectual property was termed as 'dominant feature'. (c) Trade Marks Act (V of 1940)--- ----Ss. 8, 10(1) & 14(1)---Constitution of Pakistan, Art. 185(3)---Trade mark, registration of---Similarity in name---Dominant feature of trade mark---Scope---Addition of prefix to a trade mark---Trade marks "HAYAT" and "FAROOQ'S Hayat"---Respondent company applied for registration of the trade mark "HAYAT", while petitioner-company had applied for the trade mark "FAROOQ'S Hayat"---Contention of petitioner-company that the trade marks "HAYAT" and "FAROOQ'S Hayat" were quite distinct and dissimilar and there was no likelihood of confusion and/or deception; that use of prefix FAROOQ'S, the trading name of the petitioner-company to the word 'Hayat', distinguished petitioner's goods from that of respondent-company---Validity---Trade mark "HAYAT" in Arabic, Urdu and English language was used by the respondent-company since 1990 in overseas market and also in Pakistan---Trade mark "HAYAT" was displayed on goods of respondent-company with pictures of vegetables, poultry etc. laid in a peculiar fashion---Petitioner-company had adopted the mark "FAROOQ's Hayat" for same class of goods, by adding "FAROOQ'S" printed in small script as a prefix to the striking and/or dominating feature "HAYAT"---Merely adding a prefix and/or suffix to an already existing trade mark would not save the petitioner-company from the clutches of S. 8 of the Trade Marks Act, 1940, which prohibited registration of a trade mark or a part of trade mark, which was "likely to deceive or…

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