Law: Intellectual Property Organization of Pakistan Act, 2012

Section: XXII,19

Law: Trade Marks Ordinance, 2001

Section: XIX,40

Law: Civil Procedure Code (V of 1908)

Section: XXXIX,1,2

Intellectual Property Organization of Pakistan Act (XXII of 2012)-------S. 19---Trade Marks Ordinance (XIX of 2001), S. 40---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Infringement of registered trade mark---Interim injunction, grant of---Appellant/ plaintiff claimed to be proprietor of registered trade mark "Kohinoor Fair Price Shop", who had exclusive rights to use the same--Respondent / defendant was running a shop under the name of "Kohinoor Fabrics"--Trial Court declined interim injunction in favour of appellant / plaintiff--Validity---Trial Court while deciding the question did not take into account the provisions of section 40 of Trade Marks Ordinance, 2001 to see whether any infringement of trade mark was made out in the facts and circumstances---Trial Court while dismissing the application filed by appellant / plaintiff had solely relied on the case of M/s Tabaq Restaurant reported as 1987 SCMR 1090 which pertained to the since repealed Trade Marks Act, 1940---Concept of infringement of trade mark was introduced though Trade Marks Ordinance, 2001 and Trial Court should have considered elements provided therein---High Court set aside the order declining interim injunction in favour of appellant / plaintiff and remanded the matter to Trial Court for decision afresh---Appeal was allowed accordingly.Pioneer Cement Limited v. Fecto Cement Limited and 3 others 2013 CLD 201; Telephone Soap v. M/s. Lever Brothers 1994 CLC 2135; Al-Karam Textile Mills (Pvt.) Limited v. Mehtab Chawala and 3 others 2007 CLD 966; Soneri Travel and Tours Ltd. v. Soneri Bank Limited 2011 CLD 193; Malik Muhammad Rafiq Awan v. Javad Iqbal and others 2012 CLD 905; Novartis AG v. Nabiqasim Industries (Pvt.) Limited 2015 CLD 1162 and Rupali Polyester Limited v. Baba China Builders and Developers and 6 others 2014 CLD 1601 ref.Messrs Tabaq Restaurant v. Messrs Tabaq Restaurant 1987 SCMR 1090 distinguished.ORDERAAMER FAROOQ, CJ.---This appeal calls in question order dated 06.05.2024, whereby in the suit filed by the appellant, request for interim relief was turned down.2.    The facts, in brief, are that the appellant is the owner of the Trade Mark…