Law:

Section:

Trade Marks Ordinance, 2001 --.-- --.-- S. 39 --.-- A person shall infringe a registered trademark if person uses in course of a trade a mark, which is identical with, or deceptively similar to, trademark in relation to services of same description as that of service in respect of which a tradesmark is registered --.-- Service, which is being dealt with by both parties whether is of same description parties or otherwise to attract provisions. Trade Marks Ordinance, 2001 --.-- --.-- S. 10 --.-- No reason plausible at law as to when they have chosen an invented word of plaintiff, which has gained popularity, which is not denied by company --.-- Adoption of trademark, which is phonetically and visually similar and there is likelihood that it would create confusion and deception to customers of such class. ORDER This suit has been filed by the plaintiff for permanent injunction against the defendants on account of infringement of trademark/service mark "Amaan Plan". Brief facts of the plaintiff's case as contended are that they are insurance company incorporated on 29.6.1995 and was renamed as New Jubilee Life Insurance Company Limited in October 2004. Learned Counsel for the plaintiff submitted that in order to distinguish its high quality insurance services from other insurance companies they have adopted and coined number of distinctive service marks including the service mark "Amaan Plan" which are protected under the trademark laws in Pakistan. Such mark was registered on 24.7.2014 having Registration No. 338428 in class 36 for the services which include insurance, financial affairs, monetary affairs and real estate, affairs. It is contended that such service mark was adopted in the year 2007 for the insurance policies which were issued to different individuals which are available as annexure-G onwards. It is contended that with the passage of time such service mark has gained popularity and the number of policies were issued since 2007 and business gained momentum since then. The plaintiff has provided a chart to demonstrate the number of policies issued on the yearly basis which is reproduced as under: --.-- YEAR NUMBER OF POLICIES 2007 147 2008 3326 2009…

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