Law:

Section:

(a) Trade Marks Act (V of 1940)------ S. 10(l) --- Constitution of Pakistan (1973), Art.185(3) --- Leave to appeal was granted to determine questions as to whether in the facts and circumstances of the case registration of trade mark applied for by respondent was in consonance with the law and the well-settled principles for determination of the fact that the mark was likely to deceive or cause confusion and whether the embargo contained in S.10(1) was attracted. (b) Counsel and client ---- Appeal before Supreme Court --- Trade mark --- Respondent on the suggestion of counsel for appellant made certain changes in the writing of trade mark an gave him complete assurance in that behalf but he was hesitant to join any such exercise to achieve the maximum possible satisfaction for the appellant, however on the direction of Supreme Court counsel for the appellant joined the exercise, but despite safeguards and assurances from respondent insisted on acceptance of his appeal --- Supreme Court on being fully satisfied that there was no reason left for the appellant to be apprehensive vis-a-vis the alleged confusion, dismisse the appeal with the remarks that despite assurance by the Court that a client ha no such control over the conduct of his counsel in a situtation like this, ti counsel visibly was afraid of his client --- Supreme Court, however, deplored such tendency for the litigant public vis-a-vis, the management and control of the cases by their counsel whom they appoint through properly constituted power attorney wherein power to do and act as was expected of the counsel during the proceedings of the present case, was specifically granted --- Trade mark objecte to by the appellant stood substituted and modified accordingly. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.---This appeal through leave of the Court arises out of a case of trade mark. The leave to appeal was granted as follows:-- "Respondent No.1 had sought registration of a trade mark comprising the word 'Kung Fu" in Urdu in class 7 in respect of agricultural implements. The petitioner had filed opposition to the registration of the aforesaid mark, on the ground that its trade mark 'King' has already been…

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