Law: Trade Marks Act, (V of 1940)

Section: 8,14,73

Law: Qanun-e-Shahadat (10 of 1984)

Section: 114

Law: Contract Act, 1872

Section: 23,24

(a) Trade Marks Act (V of 1940)--Ss. 8, 14 & 73 Contract Act (IX of 1872), Ss. 23 & 24 Qanun e Shahadat (10 of 1984), Art. 114 Registration of trade mark "Bhains Soap" Respondent filed opposition to appellant's such application and also sought registration of trade mark "Bhains Soap" Appellant's plea was that in a suit filed earlier by respondent for infringement of its registered trade mark "Gaey Soap" and "Gaey Super Stroke" and of passing off action, 'respondent through a compromise made therein had conceded to appellant's claim seeking, registration of Trade Mark "Bhains Soap", thus, respondent. was estopped by its conduct to file opposition ¬Validity Registered trade mark of respondent contained picture of a Cow Cow, buffalo, Bhains were the species of same genies and not only difficult but impossible for an' ordinary person to differentiate from picture, whether same was a "Gaey" or a "Bhains" Registration of "Bhains Soap" in favour of appellant was likely to deceive and cause confusion in the mind of consumer public, which Registrar could not register Compromise between the parties in previous suit would not tantamount to overriding legal provisions Such agreement was unenforceable, thus, rule of estoppel would come into play Principle of res judicata' was not applicable to the present case as no conclusive determination of any issue between parties had been mad q in earlier litigation- Registrar of Trade Marks had factually found on the basis of evidence on record that Trade Mark "Bhains Soap" had been in use of, respondent much before appellant started use the same Registrar had validly refused to grant registration of "Bhains Soap" in favour of appellant and had allowed same to respondent No error or illegality in impugned order was found High Court dismissed appeal in circumstances. (b) Contract Act (IX of 1872) Ss.23 & 24 Qanun e Shahadat (10 of 1984), Art. 114 ¬Illegal contract Effect Parties by contract could not agree to something, which was prohibited by law and would tantamount to overriding legal provisions Such an agreement would be unenforceable and rule of estoppel would not come into play. (c) Civil Procedure Code (V of 1908)…

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