Law: Trade Marks Ordinance, 2001

Section: 52,67

Law: Civil Procedure Code (V of 1908)

Section: 1,2

Trade Marks Ordinance (XIX of 2001)--- ----Ss. 52, 67---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1, 2---Registration of trade mark---Interim injunction, refusal of---Revocation proceedings, pendency of---Plaintiffs claimed that trade mark ‘HAMZA’ was wrongly registered in favour of defendant as it was not registerable---Validity---Trademark of defendant was registered against which revocation proceedings were initiated and were sub judice---Plaintiffs did not contest proceedings before Registrar when trademark in question was in process of registration---Certificate of registration appended with counter affidavit of defendant had a disclaimer that registration of trademark would give no right to exclusive use of word ‘HAMZA’ except substantially as shown on the label---With counter affidavit of defendant, it was also attached copyright registration in artistic word entitled ‘HAMZA’---Basic ingredients for grant of an injunctive relief were not present in the case of plaintiffs as it was defendant who was the holder of registered trademark and not the plaintiffs---Application was…

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