Law:

Section:

Trade Marks Act (X of 1940)--Ss. 8 & 10---Constitution of Pakistan (1973), Art.185(3)---Registration of trade mark---Respondents' application for registration of trade mark printed on the wrapper of their washing soap having device of a cat, with words `Billi Marka' was granted---Petitioners' objection against such registration was rejected by the Registrar and by High Court in appeal---Leave to appeal was granted to consider petitioners' contention that nowithstanding the different names used by petitioner and respondents having phonetically dissimilarity prominence of the device being that of `Billi' was quite deceptive for unwary customers particularly illiterate public. Jamia Industries Ltd. v. Caltex Oil (Pak.) Ltd. and another P L D 1984 SC 8 and Ekhlas Ahmad v. Dae Health Laboratories Ltd., London and another 1980 S C M R 625 rel. (b) Trade Marks Act (X of 1940)--- ----S. 8---Constitution of Pakistan (1973), Art.185(3)---Registration of trade mark---Wrappers produced in Court to determine dissimilarities were found to be totally different from what appellant had submitted with application for registration---Both parties accused each other of misrepresentation and fraud--­Difference between two wrappers, one produced in Court and the other attached with application for registration was so obvious that even an unwary, unsuspecting and innocent person could not have been misled---Supreme Court dismissed appeal with remarks that both the parties would be at liberty to seek permission to prosecute each other for misrepresentation and/or act of fraud, if any, committed during Court proceedings. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ: --This appeal through leave of the Court is directed against the judgment of the Lahore High Court, dated 22-4-1987; whereby the appellant's appeal in a matter arising out of proceedings under Trade Marks Act, 1940, was dismissed. The facts and points noted in the leave grant order are as follows:-- 'The dispute in this case relates to registration of a trade mark. The respondents made an application for registration of their trade mark printed on the wrapper of their washing soap having the device of a cat with words Billi…

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