Law:

Section:

(a) Trade Marks Act (V of 1940)--- ----S. 37(1)---Trade mark---Continuous non-use of a trade mark for five years---Effect---Removal of trademark from the Register of Trade Marks---Scope---Section 37 of Trade Marks Act, 1940, was a penal provision aimed to work as deterrent for those, seeking registration of any trademark under the said Act with some ulterior motive, which they did not intend to use or there had been in fact no bona fide use of their trade mark in relation to those goods for a specified period---For seeking the relief of removal/revocation of a registered trade mark under S.37(1)(b) of the Trade Marks Act, 1940, specific minimum timeframe of five years had been provided during which there had been no bona fide use of such trademark by its proprietor, which was to be computed from a date one month before the date of application submitted by any aggrieved person in such regard. (b) Trade Marks Act (V of 1940)--- ----Ss. 37(1)(b), 28 & 39---Trade mark---Bona fide non-use of trade marks for over five years due to special circumstances (i.e. ban imposed on import of products by Government)---Trademarks removed from the Register of Trademarks, restoration of---Scope---Appellant-company, which carried on the business of manufacturing and exporting cosmetic items got registered three trademarks, "WELLA with Device", "WELLAFORM" and "WELLAFLEX", and carried out its business in Pakistan---Subsequently appellant-company could not freely sell their products in Pakistan, in relation to which the three Trademarks were registered, from the year 1979 to 1985 due to ban on the import of its products as per the relevant Import Policy Orders issued by the Ministry of Commerce, Government of Pakistan---Respondent, a partnership concern carrying on the business of manufacturing and trading in cosmetics and allied products started using the trademark "WELLA" and subsequently applied for its registration, which application was declined on the ground that it conflicted with the trademarks of appellant-company---Respondent filed rectification applications before the Registrar of Trademarks seeking removal of the trademarks of the appellant-company on the grounds…

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