Law:

Section:

(a) Trade Marks Act (V of 1940)--   ---Ss.37 & 76--Trade Mark "Hafiz" used on label of product of appellant refused registration on objection by respondent in whose favour such trade mark had been registered--Objections raised by appellant before, High Court against such registration were raised and considered by Registrar, Trade Marks in rectification application of appellants--Appellant's failure to challenge that order under appropriate provisions of Trade Marks Act, held, would confer finality on Registrar's order- Proceedings which had attained finality could not be allowed to be challenged collaterally in another proceeding unless permitted by law.   Tudor's case (1915) 32 R P C 456; Diamond's case (1921) 38 RPC 373 and York's case 1983 P S C Cases 508 ref.   (b) Trade Marks Act (V of 1940)--   ---S. 6--Trade Mark "Hafiz", connotation of--Word "Hafiz" would mean a protector, a preserver, a guardian, a governor and by all these meanings word "Hafiz", held, was not a word which cannot be accepted as a trade mark--Acceptance of word "Hafiz" as trade mark by trade mark registry could by no stretch of imagination be taken as acceptance in violation of any provisions of Trade Marks Act, 1940--Word "Hafiz" used as trade mark would not injure the religious feelings of Muslims or of any sect of the Muslims if used as a trade mark.--[Words and phrases].   (c) Trade Marks Act (V of 1940)--   ---S. 6, Words and phrases--Words "publici juris"--Meaning and scope- Word become "publici juris" when it is declared common to the trade by Registrar of Trade Marks--For declaring a particular word/mark as common to trade or in other words becoming publici juris, the sole and final Judge is the Registrar of Trade Marks himself--Where a trade mark had been used by registered proprietor in year 1963 and he worked thereon since then continuously and without any interruption let or hindrance having not abandoned it at any stage, such word would not become "publici juris".--[Words and phrases].   (d) Trade Marks Act (V of 1940)-  …