Law: Trade Marks Act, 1940

Section: 12 , 76

  Trade Marks AM (V of 1940)--- ----S. 12---Trade Marks Rules, 1963, R.14---Refusal of Registrar to order application for registration . to proceed to advertisement for non-fulfilment of requirements under S.14, Trade Marks Rules, 1963---Validity---Provision of R.14, Trade Marks Rules, 1963 indicate that filing of statement of user in form of affidavit, with supporting documents, was sufficient compliance with requirements of Rules---Claim to registration as Associate Trade Mark under S.12, Trade Marks Act, 1940, could not be refused on the ground of opposition in respect of another application for 'registration. Trade Marks Act (V of 1940)--- ----S. 12---Trade Marks Rules, 1963, R.14---Registrar, while r6fusing to register appellant's application to proceed to advertisement and registration had not pointed out defects or lacuna in statement submitted by appellant nor was any reason offered to justify such finding---Registrar, while exercising authority under, provisions of Trade Marks Act, 1940, discharges quasi-judicial functions and it is obligatory upon him to state reasons, particularly when his order is amenable to appeal and, revision so that higher forum can take cognizance of the case---Order of Registrar was thus, not in accordance with law and as such not sustainable. Syed Ali Abid Zaidi and others v. Deputy Settlement and Rehabilitation Commissioner, Gujranwala and others PLD 1967 Lah. 836; Yaseen v. Hussain Bakhsh and 4 others 1985 CLC 1889 and Federation of Pakistan and others v. M/s. Charsadda Sugar Mills Ltd. 1978 SCMR 428 rel. Basra Soap Factory v. Punjab Soap Factory and another PLD 1973 Kar. 279 and M/s. Colgate-Palmolive (Pakistan) Ltd. v. Deputy Registrar of Trade Marks PLD 1992 Kar. 115 ref. Trade Marks Act (V of 1940)--- ----Ss. 12 & 76---Trade Marks Rules, 1963, R.14 --- Non-registration ' of appellant's application ---Pendency of appellant's another application and opposition thereto---Validity---Pendency of another application and/or opposition thereto would rather   require consideration of such applications viz. one for registration of .principal mark and the other for registration of Associate Mark…