Law: Trade Marks Act, (V of 1940)

Section: 15

Trade Marks Act (V of 1940)--Ss. 15 & 76---Opposition to registration of trade mark---Question of a trade mark becoming publici juris (common to the trade)---Determination---Principles---Publici juris---Meaning-Publici juris means when something is declared common to the trade or commerce and in the context of law, it is the Registrar of Trade Marks' who has to decide whether a word (trade mark) was publici juris or not---One of the users of trade mark, in the present case, had applied way back in July, 1998 while claiming the use of the trade mark since 1997, and the application for the other user was dated 17-3-2001 i.e. 2-1/2 years later and who had produced no evidence in support of his being prior user and did not file income-tax, documents---Other user who had applied in 1998 had filed documents such as Balance Sheet, Sales Invoices, Bills of advertisement, Income-tax assessment order all reflecting the use of the trade mark since, 1997---Effect---On the question of prior user dates of the applications made by both the sides, were available on "record---High Court in appeal, declined to interfere with the decision of the Registrar, Trade Marks holding that it was established that trade mark which was claimed to be publici juris by the party who applied in 2001 had become distinctive of the goods of the user who had gained recognition for the name of the trade mark by virtue of long, extensive and continuous use since 1997---Principles. Multani Sohan Halva v. Registrar of Trade Marks, Karachi 1987 CLC 1448; Muhammad Ismail through Mst. Shamim Akhtar and 8 others v. Messrs Soofi Soap Factory PLJ 1973 Lah. 208; Zakauddin v. Muhammad Zahid and 2 others PLD 1993 Kar. 766; W. Woodward Ltd. and another v. Hakimullah Siddiqui NLR 1981 UC 377 and Cecil Dr. Cordova and others v. Vick Chemical Company PLD 1951 PC 108 ref. JUDGMENT ALI NAWAZ CHOWHAN, J.---This is an appeal under section 76 of the Trade Marks Act, 1940 against the findings dated 9th of April 2003, passed by the Registrar of the Trade Marks. 2. The controversy in this case is with regard to the Trade Mark Hafiz Sweets. The findings came about because of an application by the respondents for the…

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