Law: Trade Mark Act, 1940

Section: 76

Trade Marks Act (X of 1940)----S.76 --- Appeal --- Jurisdiction --- Order of Registrar, Trade Marks impugned in the appeal was passed at Karachi and proceedings also took place at Karachi --- Appeal was competent before High Court of Sindh at Karachi only.Abdul Ghani Ahmed v. Registrar, Trade Marks, Government of India AIR 1947 Lah. 171 approved.A]-Iblagh Limited v. Copyright Board, Karachi and others 1985 SCMR 758 distinguished.JUDGMENT SAJJAD ALI SHAH, J.-This, appeal with leave of the Court is directed against judgment dated 7-12-1988 of Lahore High Court at Lahore, whereby FA.O. No.3 of 1988 is allowed and order impugned therein is set aside. 2. Briefly stated the relevant facts giving rise to this appeal are that respondent herein namely Sheikh Soap Factory applied for registration of mark comprising Robin with device of Robin in circle. Appellants filed opposition and resisted. During the proceedings before the Registrar of Trade Marks, compromise was arrived at between the two parties and in consequence amendment was sought by substitution of label featuring the word "URBAN" with device of bird in cage limited to colours red, blue and white in place of label filed previously. In the result on behalf of the appellants opposition was withdrawn. On 29-12-1985 appellants filed application for rectification of respondent's registered trade mark on the ground that it was with device of bird on the branch of-the tree resembling with their registered trade marks and was not in accordance with the agreement on the label featuring word URBAN and the device of bird in a cage limited to colours red, blue and white in consequence of which the opposition was withdrawn. Respondent was heard by the Registrar and relying upon material produced before him by the parties he expunged trade mark of respondent. 3. Against the order of expungment/rectification passed by the Registrar, appeal was filed before Lahore High Court which is finally allowed as stated above. Before us on behalf of the appellants two contentions were raised. Firstly, that Registrar, Trade Marks was not made a party and notice was not issued to him in the High Court and, therefore,…