Law:

Section:

Trade Marks Ordinance (XIX of 2001)------- --------Ss. 3, 39 & 40-------Rights conferred by registered trade mark-------Infringement-------Scope-------Registration of 'trade mark'/'service mark'-------Bona fide use of unregistered trade mark-------Principles-------Petitioner filed present petition for initiation of contempt proceedings on ground that the respondent had given the undertaking before the High Court in the First Appeal against Order to the effect that he would confine his business under his trademark, which had been registered in respect of goods and not in relation to providing services-------Petitioner contended that the respondent could not use his trademark for restaurant services etc., as the same was registered for goods only-------Validity-------Trade Marks Ordinance, 2001 laid down provision for registration of 'trademark' as well as 'service mark'-------If an original owner of a trademark failed to register its trademark in relation to its services, he could not be taken to task for that failure-------Bona fide use of an unregistered trademark could not be restricted in relation to a lawful business being conducted by a bona fide owner of the business, as long as the trademark was not in conflict with the rights of a third party or against the provision of any law in force-------Registered trademark could also be used, even though, the same had not been registered in relation to corresponding or some other services, as long as the use in relation to said services did not infringe the rights of third party or was contrary to any law already in force-------Respondent had not given any undertaking in said appeal for not using its registered trademark in relation to services; instead, the respondent had claimed the infringement of his trademark by the petitioner, and the petitioner, having been found at fault, had been directed to make changes in his trademark in order to prevent confusion and deception amongst general public-------Criminal original petition was dismissed with cost accordingly. THIS ORDER PASSED BY: MUHAMMAD FARRUKH IRFAN KHAN, JUSTICE:-------- Through this criminal original, the petitioner has prayed for initiating…

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