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 dismissed in circumstances. Messrs Ghulam Muhammad Dossul, Co. v. Messrs Vulcan Co. Ltd. and another 1984 SCMR 1024; Messrs Hub Pak Salt Refinery through Duly Authorized Partner v. National Foods (Pvt.) Limited 2008 CLD 190; Alle Nora Beauty Salon and Parlour through Partner and others v. Qurat-ul-Ain Munsoor and others 2016 CLD 1062; Messrs Master Textile Mills Ltd. through Duly Authorized Signatory v. Master Fabrics through Managing Partner and 5 others 2007 CLD 991; Dulda Foods (Private) Limited v. Messrs Shield Corporation Limited 2016 CLD 1864; Abdul Wasim v. Messrs Haico through Sole Proprietor Partner and 2 others 2002 CLD 1623; Nadeem and others v. Malik Ehsan Ulluh and others 2006 CLD 234; Messrs Ostindo International Austrailia v. Messrs Alfarid Corporation Limited and others Suit No.2270 of 2015 and Mehran Spice and Food Industries v. Muhammad Nudim Khan and others Suit No.2561 of 2015 ref. ORDER MUHAMMAD FAISAL KAMAL ALAM, J.---By this order an Injunction Application [C.M.A. No.5259 of 2022], filed in present Lis is decided, primarily challenging the Decision of Official…

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