Case Details

Citation(s)
1983 SLG 234 1983 SLD 234 1983 SCMR 1043
Supreme Court of Pakistan
Civil Petition No. K 217 of 1982, decision dated: 16-08-1983.(On appeal from the judgment, dated 20 4 1982 of the Sind High Court at Karachi in Miscellaneous Appeal No. 24 of 1978)
NASIM HASAN SHAH AND MIAN BURHANUDDIN KHAN, JJ
Khalid M. Ishaque, Advocate Supreme Court and A. Aziz Khan, Advocates on-Record for Petitioner. Nizam Ahmad. Advocate on-Record for
Respondent No. 1

SHEIKH AHMAD

VS

MESSRS UNILEVER LTD. AND ANOTHER

Law:

Section:

Constitution of Pakistan (1973) ------Art. 185(3) Trade mark Parties reaching agreement to settle their dispute during pendency of petition for leave to appeal in Supreme Court Parties praying that Supreme Court may record agreement and pass appropriate order giving effect to same Supreme Court while converting petition into appeal issued directions to Registrar of Trade Marks accordingly Appeal allowed in terms of directions and order passed by High Court and Registrar of Trade Marks, set aside. ORDER NASIM HASAN SHAH, J. This petition is directed against the judgment, dated 20 4 1982 of the High Court of Sind at Karachi, whereby the appeal (Miscellaneous Appeal No. 24 of 1983, directed against the order dated 5 1 1978, passed by the Deputy Registrar Trade Marks, who had rejected the petitioner's application for the registration mark (Application No. 57686, dated 15 8 1972) in view of the respondent Trade Mark opposition No. 26 1974 in respect of a pharmaceutical product in Class V. 2. During the pendency of this petition in this Court the petitioner and respondent No. 1 have reached an agreement to settle their dispute as follows : (a) The trade mark in Application No. 57686, in Class V, dated 15th August, 1978 may be used by the petitioner and may be registered in the name of the petitioner but only in respect of the following goods namely : "Medicines used in Homoeopathy but excluding pharmaceutical products used in Allopathy or other systems of medicine. None of the aforesaid goods being glycerine, containing or made with…
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