Law: Trade Marks Act, (V of 1940)

Section: 15,76

Trade Marks Act (V of 1940)---Ss. 15 & 76---Registration of trade mark---Notice of opposition---Limitation---Contention of appellant was that after the entire opposition was dismissed as being time barred, the Registrar could not order respondent's application to proceed to registration with disclaimer of E4---Validity---Authorities were not justified in ordering respondent's application to proceed to registration with disclaimer of E4 as no such disclaimer was ordered by Deputy Registrar, against whose order the opponent had filed opposition---Order passed by Registrar could not be sustained and, therefore, his order was set aside to the extent of disclaimer of E4 and order of Deputy Registrar on the point was restored---Appeal was disposed of accordingly. B.S. Industries v. The Deputy Registrar, Trademarks and another PLD 1969 Dacca 451 rel. ORDER MUHAMMAD ATHAR SAEED, J.---This Trade Mark appeal under section 76 of the Trade Mark Act 1940 has been filed by the appellant who is dissatisfied with the order of the Registrar of Trade Marks in opposition No. 163 of 2002 dated 22-3-2003 vide which the Registrar despite disallowing the extension of time and dismissing TM-55 filed by the opponent for extension of time and also holding that the TM-5 (Notice of Opposition) filed by the opponent has become infructuous and applicant's application No. 129393 in class 4 shall proceed to registration with disclaimer of E4. Learned counsel for appellant submits that since the entire opposition was dismissed as being time barred and the Registrar had dismissed the opposition holding that the notice of opposition had become infructuous he could not modify the order of the Deputy Registrar and order the applicant's application to proceed to registration with disclaimer of E4. He drew my attention to the letter of the Examiner of Trade Mark No. TM-OPP/7122/03 dated 30-4-2003 issued by Examiner of Trade Mark who is a subordinate officer to the Registrar intimating the counsel of the opponent and the counsel of the applicant that in the hearing held on 22-3-2003 before the Registrar of Trade Marks the belated TM-55 which was late by 99 days had been disallowed and the…

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