Law: Trade Marks Act, 1940

Section: 10(2)

Trade Marks Act (V of 1940)  S. 10(2)-"Other special circumstances"-Goods (matches) of foreign holder of a trade mark ("three Stars") not imported in Pakistan since 1951 and not available in market for a long time-Meanwhile Pakistani manufacturer using trade mark ("Five Stars"), building up a sizable trade without objection from foreign firm-"Special circumstances" within meaning of S. 10(2)-Application of Pakistani firm, held, rightly allowed by Registrar. Lallubhai-Amichand v. The Punjab Aluminium Factory, Gujranwala P L D 1960 Kar. 545 and Messrs Pakistan General Stores Karachi v. Messrs Coopers Incorporated, Karachi P L D 1973 Note 61 at p. 82, ref. Date of hearing : 7th February 1975.                                                                                                                                    JUDGMENT This is an appeal under section 76 of the Trade Marks Act, 1940 against the decision of the Registrar of Trade Marks, dated 4th February 1970, by which he rejected the appellant's opposition against registration of a trade mark in the name of the second respondent. 2. The appellant, Aktiebolagent Jonkoping Vulcan, is a Swedish Company and carries on business as manufacturer and exporter of safety matches which it sells under various trade marks. One such trade mark has been registered in Pakistan under No. 5632 in respect of "matches" in class 34 under the Trade Marks (Invalidation and Summary Registration) Act, 1950 as of the date of its Indian registration, namely, 24-2-1944. The trade mark consists of a decorative label, featuring inter alia, prominently the device of three stars in the centre of the label with words Three Stars. This trade mark will hereinafter be referred to as Three Stars, and that is how the appellant himself called it. The…