Law:

Section:

(a) Trade Marks Act (V of 1940)--- ----Ss. 46 &. 76 -Petition for rectification and correction of 'Trade Mark Register Forum---Word "' of " used to S.46(1), Trade Marks Act, 1940 in¬ between "High Court" and "Registrar" shows that it was the choice of the party to invoke either of the jurisdictions i.e. Registr or High Court, such being the concurrent jurisdiction of both the forums---Word "or" has been used in-between "High Court" and "Registrar" in S.46(2) of the Act and the same is supported by subsection (4) of the said section---Once the forum of Registrar is availed, the forum of High Court will not be available and any remedy left would be to tilt appeal under S.~/6 of the Act---Petition filed before the High Court was, thus, competent. '' Wealth Tax Officer and another v. Shaukat Afzal and 4 others 1993 SCMR 1810 and Syed Ali Azhar Naqvi v. The Government of Pakistan through Secretary, Ministry of Firiance-,and 3 others PLD 1994 Kar. 67 ref. (b) Trade Marks Act (V of 1940)--- ----Ss. 46 & 76---Appeal--- Maintainability--- Petition for rectification of registered trade mark was directly filed before High Court and not before the Registrar--- Appeal would lie before High Court where an order was passed by the "Registrar" under any provision of Trade Marks Act, 1940 or the Rules --¬ Provision of S.46, Trade Marks Act, 1940 was independent of S.76 of the Act-- ¬Where, petitioner had invoked the jurisdiction of High Court under S.46 of the Act for rectification, remedy of appeal under S.76, was not available to himself, however, Registrar was approached by an aggrieved person, then in case decision of Registrar was not acceptable, aggrieved person was entitled to invoke S.76 of the Act by filing appeal before the High Court. (c) Trade Marks Act (V of 1940)-- ----(. 46---Petition for rectification and correction of trade mark--- Competency to file---"Any aggrieved person"---Connotation---All trade rivals over whom an advantage was gained by a trader of a registered trade mark to which he was not entitled and all such persons whose business would be substantially damaged, if the trade mark remained on the register, were the aggrieved persons---Term…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492