| Citation(s) |
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| 2025 SLG 3730 2025 SLD 3730 = 2025 CLD 313 |
Lahore High Court
F.A.O No.433 and R.F.As. Nos.1073, 1074, 1077 of 2014 heard on 30th October, 2024.
Before Abid Aziz Sheikh, J
Raheel Ahmad Sheikh and Tahir Maqsood Butt for Appellant. Barrister Syed Sajjad Haider Rizvi, A.A.G.-Pk, for Registrar of Trade Marks
Respondent No.1.
Respondent No.2. (in F.A.O. No.433 of 201) and
Respondent (in R.A.Fs. Nos.1073 and 1074 of 2014) already proceed against ex parte on 19-11-2020 and (in R.F.A. No.1077 of 2014) on 22-11-2023.
F.A.O No.433 and R.F.As. Nos.1073, 1074, 1077 of 2014 heard on 30th October, 2024.
Before Abid Aziz Sheikh, J
Raheel Ahmad Sheikh and Tahir Maqsood Butt for Appellant. Barrister Syed Sajjad Haider Rizvi, A.A.G.-Pk, for Registrar of Trade Marks
Respondent No.1.
Respondent No.2. (in F.A.O. No.433 of 201) and
Respondent (in R.A.Fs. Nos.1073 and 1074 of 2014) already proceed against ex parte on 19-11-2020 and (in R.F.A. No.1077 of 2014) on 22-11-2023.
MUHAMMAD QASIM---Appellant
VERSUS
REGISTRAR OF TRADE MARKS and others---Respondents
Law: Trade Marks Ordinance, 2001
Section: XIX,73,80,96
Law: Intellectual Property Organization of Pakistan Act, 2012
Section: XXII,16.17.18
Law: Specific Relief Act (I of 1877)
Section: 54
Law: Civil Procedure Code (V of 1908)
Section: VII,11
Trade Marks Ordinance (XIX of 2001)-------Ss. 73, 80 & 96---Intellectual Property Organization of Pakistan Act (XXII of2012), Ss. 16, 17 & 18---Specific Relief Act (I of 1877), S. 54---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for injunction and recovery of damages--Rejecting of plaint---Infringement of trade mark during pendency of suit--Appellant / plaintiff filed suit before District Court and during pendency of the suit, Registrar Trade Marks revoked trade mark in question---Validity---Suit concerning Trade Mark was already pending before District Court, therefore revocation/ invalidation/rectification application under Ss. 73, 80 & 96 of Trade Marks Ordinance, 2001 was required to be filed before District Court or when the same was filed before Registrar, the Registrar was required to refer the same to District Court where the suit was already pending---High Court set aside orders passed by Registrar as well as by the District Court---High Court remanded the matters to Intellectual Property Tribunal and District Court for decisions afresh on application of respondent and suit of appellant / plaintiff, respectively---Appeal was allowed accordingly.The State through Advocate General, N.W.F.P., Peshawar v. Naeemullah Khan (2001 SCMR 1461; Italfarmaco S.P.A. v. Himont Pharmaceuticals (Pvt.) Ltd. and another 2017 CLD 1382; Royal PVC (Pvt.) Ltd. through Authorized Officer v. Registrar of Trade Marks and another 2011 CLD 833; Messrs H&B, General Trading Company through Director v. Messrs International Marketing Company through Proprietor and 2 others 2009 CLD 1028; Messrs H&B General Trading Company through Director v. Messrs International Marketing Company through Proprietor and 2 others 2009 CLD 318; Messrs H&B General Trading Company through Director v. Messrs International Marketing Company through Proprietor and 2 others 2009 CLD 354; Muhammad Multazam Raza v. Muhammad Ayub Khan and others 2022 SCMR 979 and Messrs Shaheen Chemist through Proprietors and 3 others v. Zahid Mehmood Chaudhry and another 2023 CLD 1 rel.Date of hearing: 30th October, 2024.JUDGMENTABID AZIZ SHEIKH, J.---This judgment will also decide RFAs…