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Trade Marks Act (V of 1940)--- ----Ss. 8, 10 & 14---Registration of trade mark---Objection---Registration of Trade Mark" 7-Spot" was opposed by proprietors of Trade Marks '7-Up" and "Hi-Spot"; on ground that between Trade Marks "7-Up" and "7-Spot" numeral `T was common and between "Hi-Spot" and "7-Spot" word "Spot" was common thus registration of Trade Mark "7-Spot" would cause confusion to customers---Objection was misconceived in view of the fact that numeral '7' and words `up' and "spot" were parts of trade mark and were not separately registered to proprietors of those Trade Marks and Trade Marks `7-Up' and "Hi-Spot" registered to obejctors and "trade mark" 7-Spot" registered to the other party were not identical from any angle, either visually or phonetically despite certain words were common in them---Popularity of objector's products "7-Up" and "Hi-Spot" in the country would exclude possibility to causing any confusion in minds of general public---Opposition by objectors thus was not justified, in circumstances. Parker-Knoll Limited v. Knoll International Limited 1961 RPC 346 ; Smith Hayden & Co. Ltd. (1946) 63 RPC 97 and Jamia Industries Ltd. v, Caltex Oil (Pak.) Ltd. PLD 1984 SC 8 ref. JUDGMENT By this common judgment I propose to dispose of Misc. Civil Appeals NosS4/86 and 55/86 as common questions of law and facts are involved therein. 2. So far as the facts of the first case are concerned, the learned Assistant Registrar, Trade Marks, Karachi while considering the application of M/s. Hamdosana Beverages Co., Karachi for registration of their Trade Mark "7­Spot" in class-32 has dismissed the opposition filed by M/s. Seven-Up Company, the appellant in this case, which was based upon the contention that numeral `T cannot be adopted by any other person as it conforms to the essential features of the appellant's trade mark "7-Up". Opposition on similar grounds was filed by the appellant in Appeal No55/86 namely M/s. Canada Dry Corporation whose trade mark "Hi-Spot" was earlier registered with the Registrar of Trade Marks. 3. The learned Assistant Registrar has found vide the impugned orders, both dated 9-2-1.986, that although the appellants in…

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