Law: Civil Procedure Code (V of 1908)

Section: O. XXXIX, r. 2

  Civil procedure Code (V of 1908) O. XXXIX, r. 2-Trade mark-Infringement-Injunction-Applica tion for registration of trade mark pending before Registrar of Trade Marks for a long time-Courts generally protect person against infringe ment of his trade mark (even though trade mark not yet registered) if plaintiff prima facie could establish long user of trade mark-Temporary injunction restraining defendant from using trade mark till decision of suit granted. Date of hearing : 21st August 1974.                                                                                                                           JUDGMENT By an order dated 9-5-1973, 1 bad declined to grant an injunction in favour of the plaintiff. The main reason for declining the relief was the fact of applications by both the parties pending before the Registrar, Trade Marks for Registration. These applications had been pending since a sufficiently long time before the Registrar and I had stated in the order that if the Registrar did not decided the applications within two months, the plaintiff could repeat the application for grant of interim injunction. The admitted case before me is that in spite of my order being passed on 9th May 1973, the Registrar has not disposed of the applications for registration of the Trade Mark. The plaintiff has, therefore, repeated the application. 2. Mr. Saeeduzzaman Siddiqui the learned Advocate for the defendants has raised a preliminary point that my earlier order was one on merits and for such reason the same matter cannot be reopened. I have read my earlier order wherein I had clearly stated that "any expression of opinion by me at this stage with regard to the rival claims of the two parties will as of necessity be taken into consideration by the Registrar in dealing with the applications of the two parties for registration. Since the…