Law: Trade Marks Act, 1940

Section: 8 , 10

Trade Marks Act (V of 1940)--- ----Ss. 8 & 10---Application for registration of Trade Mark "Pearl" in respect of small domestic utensils, and containers etc. dismissed at preliminary stage on the ground that such trade mark was conflicting with two other identical marks of other manufacturers---Validity---Similarity or otherwise of the goods of different marks was not discussed by the Registrar in the order of rejection of appellant's trade mark---No notice was issued to proprietors of trade marks which were considered to be confusingly similar to the applied trade mark-- Registrar Trade Marks having found that trade marks applied for and the trade marks already registered in names of other firms were so confusingly similar, he should not have rejected the application at preliminary stage, but should have proceeded with the application and should have decided the same in accordance with law, after issuing notices to the holders of the trade mark and after publication of the trade mark proposed to be registered---Impugned order of Registrar of Trade Marks was set aside and case was remanded to him for deciding the matter afresh according to law---Proprietors of trade marks registered or pending registration and said to be barriers in registration of appellant's applied trade mark, ought to be issued notice to participate in the proceedings if they desired so; they be allowed to lead evidence, if they intended to contest appellant's application, after giving chance to appellant to lead any evidence in addition to their evidence already on record. David Vaughan Racklin v. Deputy Registrar of Trade Marks, Karachi 1986 MLD 1666 rel. London Rubber Co. Ltd. v. Durex Products Incorporated and another AIR 1963 SC 1882; Solo Susice Narodni Podnik v. Sindh Match Works (Pvt.) Limited and another 1991 CLC 37; Parkington & Co. Ltd v. Frederick Robinson Ltd. (1946) 63 RPC 171 ref. Salim Ghulam Hussain for Appellant. Nemo for Respondent. Date of hearing: 28th April, 1992. JUDGMENT Appellants Arm Brothers Plastic Industries (Pvt.) Limited, have filed this appeal under section 76 of the Trade Marks Act. (hereafter to be mentioned as the Act) against…