Law:

Section:

(a) Trade Marks Ordinance (XIX of 2001)-------S.17---Trade mark, registration---Scope---Particular trade mark, if common to trade used by more than one person, would become publici juris and alltraders in field could claim their right therein---Principles. The registrations of trade mark, which are identical or nearly resemble each other in respect of the same kind of goods or description of goods, are permissible to be registered favouring different proprietors. When a particular trade mark is common to the trade used by more than one person, it becomes publici juris and all traders in the field can claim their right in the said trade mark. The deception and confusion should be such, which affects a wary person. (b) Trade Marks Ordinance (XIX of 2001)--- ----Ss.10(2), 22, 25, 26 & 46---Infringement of trade mark, suit for---Plaintiffs trade mark was not registered---Defendant had commenced business earlier than plaintiff, but its trade mark was registered later on---Held, plaintiff could claim a right of passing off action. PLD 1987 SC 1090; PLD 1991 SC 921; 2000 YLR 1376; PLD 2000 Kar. 192; 2001 SCMR 967; PLD 2001 SC 14; 2004 CLD 171; Formica Corporation v. Pakistan Formica Ltd. 1989 SCMR 361; Abdul Wasim v. Messrs Haiko through Sole Proprietor 2002 CLD 1623; Oil and Gas Development Corporation v. Lt.-Colonel Shujjauddin Ahmed PLD 1970 Kar, 332 and Bayer A.G. and another v. Master International (Pvt.) 2003 CLD 794 ref. (c) Trade Marks Ordinance (XIX of 2001)--- ----S.10(2)---Trade Mark "Master"---Word "Master" has become common to trade, thus a public property in local and universal use. ORDER C.M.A. No.7175 of 2004. MRS. QAISER IQBAL, J.---This is an application under Order XXXIX, rules 1 and 2 read with section 151, C.P.C. filed by the plaintiffs against the defendants seeking order to the effect that they be restrained from passing off and/or attempting to infringe the products, services or business under the Trade Mark and Trade Name "Master" or any similar variation thereof and/or deceptively identical and/or having some resemblance to the trade mark and trade name of the plaintiffs. . 2. The facts precisely leading to the case are that the…

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