Law: Trade Marks Rules, 1963

Section: R-25,25(3),84

Law: Limitation Act, 1908

Section: 29(2)

(a) Trade Marks Rules, 1963--Rr. 25(3) & 84---Limitation Act (IX of 1908), S.29(2)--Appeal to High Court---Limitation--Application for obtaining certified copy of impugned decision dated 25-10-2001 was made on 13-11-2001---Certified copy was made ready on 5-7-2002 and dispatched to appellant on 9-7-2002--Appeal was filed on 7-9-2002--Appellant's plea was that he was intimated on 7-11-2001 about impugned decision, thus, difference of six days between 7-11-2001 to 13-11-2001 was computable towards counting of two months' time provided under R.84 of Trade Marks Rules, 1963---Validity--Appellant had not filed application for condonation of delay---Limitation Act, 1908 would not apply to present case as specific period for filing appeal was provided under R.84 of Trade Marks Rules, 1963---If time of five days was taken, then appeal should have been filed on 4-9-2002--Appeal was dismissed for being barred by three days. PLD 1992 SC 417 ref. 1987 MLD 218; 1988 CLC 489 and 1973 SCMR 555 distinguished. (b) Limitation Act (IX of 1908)--- ----S.3---Limitation, matter of---Duty of Court to consider such matter itself even though not raised by any party---Principles. Even if the limitation is not pointed out or objected to by any party, then Court itself has to consider as to whether the matter before it is within time or not, and that the legal objection in respect of maintainability etc., can be taken and raised at any time and is to be decided on priority. JUDGMENT MUNIB AHMAD KHAN, J.---This appeal has been filed against the decision dated 25-10-2001, passed by the Assistant Registrar, Trade Marks on an application No.144972 in Class 16 for registration of the mark Clifford Chance, whereby registration of the above mentioned mark has been refused. 2. Mr. Sultan Ahmed Sheikh, learned counsel for the respondent, at the very outset, has challenged the appeal on the ground of limitation and has pointed out earlier order of this Court specially order dated 16-5-2007 when he raised that objection. He has also pointed out Para-J of the grounds of appeal, which reads as follows:-- (j) The respondent's short order was communicated to the appellant by respondent's letter…

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