Law:

Section:

(a) Trade Marks Act (V of 1940)--- ----S. 6 (2)---Appellant's goods were not available in the market from 1973--­Goods with the trade mark in Pakistan were now known to be the products of respondent---When with reference to a mark the goods of a manufacturer are distinguished from the goods of other producers, the mark achieves distinctiveness---It is the local market where the mark should be known and recognised to represent a particular person and the goods bearing the said mark to belong to him and none else---A mark while retaining its distinctiveness in a country may become "public juris" in another country. S.M. Taufiq v. National Biscuit Co. P L D 1962 Kar. 355; Impex Electrical Ltd. v. Weinbaum 44 R.P.C. 405 and National Starch Manufacturing Co. v. Munir's Patent Maizena and Starch Co. (1894) 11 RRC 281. ref. (b) Trade Marks Act (V of 1940)--- ----S. 10 (1) (2)---Rule prohibiting registration of same, similar or identical marks in respect of the same or similar goods belonging to other person---Exceptions---Such registration is permitted if there is honest concurrent user or other special circumstances justifying exercise of discretion by the Registrar. Messrs Bengal Friends & Co., Dacca v. Gour Benode Shah & Co., Calcutta and another P L D 1969 SC 477 ref. (c) Trade Marks Act (V of 1940)--- ----S.10 (1) (2)---Deception and confusion---If the goods of manufacturer are not available in the market for a long time and during this period another manufacturer sells the same goods under similar trade mark the question of deception and confusion, depending on the facts of the case, will not arise. 1981 S C M R 1039 and 7 Up Co. v. Registrar 1987 M L D 91 ref. (d) Trade Marks Act (V of 1940)--- ----S. 10 (1) & (2)---Inquiry made by respondent before using trade mark, continuous silence on the part of the appellant and raising no objection established the honest user of the respondent Kerly's Law of Trade Mark and Trade Names 12th Ed. p.157; Narayanan on Trade Mark and Passing off 2nd Ed. P. 280-281; Jockey International Inc. v. Pakistan General Store and another 1981 S C M R 1039; 7-Up case 1987 M L D 91; Pakistan Soap Factory v. Chittagong Factory…

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