Law:

Section:

Trade Marks Act (V of 1940)---- Ss.4(2-B), 10, 14 & 76 --- Registration of trade mark --- Competency of Assistant Registrar to pass order for registration of trade mark-Registrar, under S.4(2-A) Trade Marks Act, 1940, was authorized to specify functions which were to be discharged by Deputy Registrar --- Federal Government under SA2-B) had to specify functions, which Registrar could delegate to an officer other than Deputy Registrar---Notification issued by Government did not particularly specify functions of Registrar which could be delegated by him to officer other than Deputy Registrar i.e. Assistant Registrar Assistant Registrar, was thus, not lawfully delegated authority to deal with and decide application of registration ---- Order of Assistant Registrar for registration of trade mark was thus, illegal, ultra vireos, without jurisdiction and corm non Judaic---Case was remanded to Registrar for decision afresh in accordance with law

JUDGMENT

This appeal under section 76 of the Trade Marks Act, 1940 read with Rule 84 of the Revised Trade Marks Rules, 1963 challenges the validity of an order passed by the Assistant Registrar of Trade Marks Karachi on 30-10-1989.