Law:

Section:

(a) Trade Marks Act (V of 1940)----- Ss.10 & 8---Section 10 proceeds on completely different premises from S. 8--- Registration of trade mark --- Prohibition---Likelihood of deception or confusion --- Test --- Question of deception and confusion --- Significance.Section 10(1) of the Trade Marks Act, 1940 prohibits registration of a trade mark in respect of any goods which is identical to a trade mark or similar to it' that due to resemblance. there is every likelihood of causing deception and confusion. But this rule is subject to the exception as contained in subsection (2) of section 10 which permits registration of such mark provided there is honest concurrent user of such mark or any special circumstance exists which may justify such registration. In such cases registration may be granted subject to conditions and limitations. It can thus be observed that section 10 proceeds on completely different premises from section 8. One is justified in claiming protection for a particular trade mark only if it is related to particular goods or class or category of goods. The test provided in section 8 (a) is not the identity of the trade mark or of goods but likelihood of deception or confusion, such as to entitle the protection in a Court of law. Even then the question of deception and confusion could not be ignored as that remains the pivotal point in the law on the issue involved in this case. Jamia Industries Ltd. v. Call Tax Oil Pakistan PLD 1984 SC 8; Seven-Up Co. v. Kohinoor Thread Ball Factory PLD 1990 SC 313 and Alpha Sewing Machine Co. v. Registrar of Trade Marks and another PLD 1990 SC 1074 ref (b) Trade Marks Act (V of 1940)- ---- S.10 --- Deception and confusion --- Where part of the word is similar it is the prefix which qualifies and governs the phonetical aspect of the mark --- Last part of the word does not carry that importance or impression which the earlier part of the word commands. Abdul Wahid v. Abdur Rahim. PLD 1973 SC 104 ref. (c) Trade Marks Act (V of-1940)- ---- S.10 --- Where the mark sought to be registered is identical to the registered mark there can be no difficulty in determining that it will cause deception and confusion but where…

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