| Citation(s) |
|---|
| 2000 SLG 2250 2000 SLD 2250 2000 PLD 298 |
Sindh High Court
Civil Miscellaneous Appeal No. 18 of 1995, decided on 24th September 1999, dates of hearing: 6th May; 11th August and 2nd September, 1999
RASHEED AHMED RAZVI, J
Chaudhry Tanvir Amjad for Appellant. Syed Tariq Ali,, Standing Counsel alongwith Zafar Iqbal, Assistant Registrar for
Respondent. Sultan Ahmed Shaikh. Amicus curiae
Civil Miscellaneous Appeal No. 18 of 1995, decided on 24th September 1999, dates of hearing: 6th May; 11th August and 2nd September, 1999
RASHEED AHMED RAZVI, J
Chaudhry Tanvir Amjad for Appellant. Syed Tariq Ali,, Standing Counsel alongwith Zafar Iqbal, Assistant Registrar for
Respondent. Sultan Ahmed Shaikh. Amicus curiae
Messrs DYNASEL (PVT.) LTD.
VS
THE REGISTRAR OF TRADE MARKS, GOVERNMENT OF PAKISTAN, TRADE MARKS, Karachi
Law: Trade Marks Act, (V of 1940)
Section: 76,8(a),10(1),14(1),15(1),6(1)(e),8,10,1 4,15
Law: General Clauses Act, 1897
Section: 24A
Law: Trade Marks Rules, 1963
Section: 84
(a) Trade Marks Act (V of 1940)-- ----Ss. 6, 8, 10 & 15---Registration of trade mark---Procedure---Registrar of Trade Marks was competent to refuse application for registration or to accept the same absolutely or subject to amendment, modification or limitations--Registrar, in case of refusal or conditional acceptance was required to state in writing the grounds of his decision---Once an application for registration of trade mark had been accepted either absolutely or subject to conditions or limitations, same should be advertised in prescribed manner---Provisions of S.15(1) of Trade Marks Act, 1940 had authorised. Registrar to advertise an application before its acceptance if a trade mark applied for falls within ambit of S.6(1)(e) of the Act ---Registrar, in exceptional circumstances, was also competent to advertise application for registration of trade, if in his opinion it was so expedient---Registrar was also authorised to re-advertise said trade mark after application had been accepted, but that was discretionary with him as the incorporated phrase "but shall not be bound so to do" indicated. Assistant Registrar of Trade Marks, Karachi v. Messrs Lakson Tobacco Company Ltd. 1992 SCMR 2323; Transpak Corporation Ltd. v. The Registrar of .Trade Marks 1991 MLD 658; Messrs Surya Brothers v. Messrs Dada Soap Factory Ltd. PLD 1971 Kar. 189; David Vaughan Racklin v. Deputy Registrar of Trade Marks, Karachi 1986 MLD 1666; Tambrands Inc. v. Registrar of Trade Marks 1991 MLD 1414; Block Drug Company Inc. v. The Registrar of Trade Marks 1991 MLD 2310; Lakson Tobacco Company Limited v. Registrar of Trade Marks 1991 CLC Note 328 at p.251; Messrs Colgate-Palmolive (Pakistan) Ltd. v. Assistant Registrar of Trade Marks PLD 1992 Kar. 15; Ruston and Homby Ltd. v. Zamindara Engineering Co. AIR 1970 SC 1649 and Messrs Dada Soap Factory Ltd. v. Crescent Pak Industries Ltd. and another 1987 MLD 1256 ref. (b) Trade Marks Act (V of 1940)-- ----Ss. 6, 8, 10, 14 & 15---Registration of trade mark ---Procedure---Discretion of Registrar of Trade Marks---Provisions of Ss. 14 & 15 of Trade Marks Act, 1940 had vested the Registrar with discretion to advertise or not to…
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