Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XLI, R. 27---Additional evidence, production of---Scope---Additional evidence could not be produced to fill lacuna in a case. Muhammad Ali v. Qaiser Jehan Begum 2004 CLC 1424 ref. (b) Trade Marks Ordinance (XIX of 2001)--- ----Ss. 73(1)(a) & 73(1)(b)---Expunction of trademark from trademark register--- Non-usage of the trademark--- Registrar Trademarks expunged the trademark of appellant from the trademark register and retained the trademark of the respondent; held, that the documents submitted by the appellant before the Registrar Trademarks did not establish requirements of clauses (a) & (b) of S. 73(1) of Trade Marks Ordinance, 2001---None of the said documents were proof of usage of mark for the period of first five years---One of the issues framed by the Registrar Trademarks was whether the mark registered in the name of the appellant was liable to be removed from the Register due to non-user of the mark, and the onus for such purposes was placed on the appellant, who failed to discharge that onus---Furthermore the appellant failed to produce invoices showing that he had been supplied raw material for manufacturing purposes---Electricity and gas bills were also not provided to establish that manufacturing facility of the appellant was in operation---Contrarily the respondent produced documents before the Registrar Trademarks which clearly showed that he been in use of the subject trademark as a serious and bona fide manufacturer and that the respondent was registered with the relevant Standards and Quality Control Authority and the Provincial Health Engineering Department as an approved manufacturer---Similarly the respondent was an approved contractor for supply of its products to different departments of Provincial Governments---Moreover the respondents submitted before the Registrar sales tax invoices, sales tax returns and export documents which clearly mentioned the name of the trademark and established that he had been the user of the trademark; that he was a good faith manufacturer, and that he had an operational manufacturing unit---Registrar Trademarks had rightly expunged the trademark of…

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