Law: Trade Mark Act, 1940

Section: 2(10),6,8(a)(10)(1),15(1)(2),6(2)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(g)

Trade Marks Act, 1940 (V of 1940)-- ----Ss. 2(10), 6 ,  8(a)(10)(1)--Application for registration of identical trade mark--Allowed--Agreement between predecessors of parties--Dismissal of appeal--Concurrent user--Non-filing of requisite document--Adverse presumption--Challenge to-- There was no distinctiveness in trade mark, registration whereof was sought by respondent through Application, it did not merit registration--Instant case was also not one in which respondent was an honest concurrent user nor did it attract any of other exceptions mentioned in sub-section (2) of Section 8 of Act, which may have justified acceptance of Application of respondent--Requisite documents, which may have shown some connection of respondent with said firm, were not filed--Consequently, an adverse presumption may be drawn--Neither Registrar nor Judge read Agreement in its entirety and/or in its correct perspective--Appeal allowed. [Pp. 354, 355 ,  356] C, E, F ,  H Trade Marks Act, 1940 (V of 1940)-- ----S. 15(1)(2)--Registration of trade mark--Any person may with prescribed time from date of advertisement, give notice in writing in prescribed manner to Registrar, of opposition to registration.   [P. 348] A Trade Marks Act, 1940 (V of 1940)-- ----S. 6(2)--Distinctiveness for registration--Requisites--Distinctive means trade mark must be such to distinguish it from goods of any other ‘proprietor of trade mark is or’ who ‘may be connected with’ such goods (sub-section (2) of Section 6).  [P. 353] B Trade Marks Act, 1940 (V of 1940)-- ----S. 5(1)--Trade mark registration--A trade mark may be registered only in respect of particular goods or classes of goods.  [P. 354] D Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 129(g)--Non-producing of evidence-- Evidence which could be and is not produced would, if produced, be unfavourable to person who withholds it’ (article 129(g) of Qanun-e-Shahadat, 1984).   [Pp. 355 ,  356] G JUDGMENT Qazi Faez Isa, J.--Leave to appeal was granted by this Court on 13 August 2018 to consider the judgment dated 14 May 2018 of a learned Single Judge of the High Court of Sindh at Karachi (in Miscellaneous…

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