Law: Trade Marks Act, (V of 1940)

Section: 8

(a) Trade Marks Act (V of 1940)---Ss. 8(a), 10(1), 20 & 21---Specific Relief Act (1 of 1877), S.54---Right to use trade mark---Misuse of registered Trade Mark---Plaintiff had claimed that he was the owner of registered Trade Mark "MILO" which was registered in his favour since 1950 in relation to food products etc. and registered number was also given to him---Plaintiff had also claimed that his goods under Trade Mark "MILO" were being offered and advertised in Pakistan for about last 20 year and goods produced under said trade mark were recognized by general public to be the products of plaintiff who had exclusive right to said trade mark---Plaintiff had alleged that defendant was indulging in producing and marketing branded `Bread' in the name of "MILO" which was patent infringement of right of plaintiff---Contention of defendant that `Bread' was not an item produced by plaintiff and that products of plaintiff were different than the product of defendant, was repelled---Contention of defendant that word "MILO" was not an invention of plaintiff, but was a generic name signifying a kind of grain, was also of no substance because `Bread' produced by defendant was not the product of Milo grains, but was made of wheat---Word `MILO'; with reference to grain, could not be made justification, for the use of registered trade mark of plaintiff ---of Milo grain for products of bread, had been admitted by the defendant and it was not a case of violating the colour scheme or get-up of plaintiff, but was virtually a misuse of registered Trade Mark `MILO' which obviously was exclusive ownership of the plaintiff-­Registered Trade Mark of plaintiff had been infringed and if such infringement was allowed to be continued, protection granted to plaintiff under Trade Marks Act, 1940 would become ineffective---Impugned and decree of Trial Court whereby suit filed by plaintiff was dismissed, being the result of speculative, artificial reasons and based on misinterpretation of evidence and misconception of law, were set aside and suit filed by plaintiff was decreed. Seven-Up Company v. Kohinoor Thread Ball Factory and 3 others PLD 1990 SC 313; Messrs Alpha Sewing Machine Company…

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