Law: Trade Marks Act, (V of 1940)

Section: 6,6(1)(e),76

Trade Marks Act (V of 1940)---Ss. 6(1)(e) & 76---Registration of trade mark---"Cheeta"---Objection to---Appeal had been directed against order- of Registrar Trade Marks, whereby appellant's opposition to registration of the trade mark "cheeta" and device was rejected---Case of the appellants appeared to be that they had been marketing identical product under the trade mark "Bubber Sher" along with device and had acquired a great deal of respect and credibility in the market for their quality---Appellant had alleged that, respondent by using a similar description "Cheeta" for identical goods were attempting to invade the goodwill of the appellants---No specific plea as regards similarity of the device used by the parties was raised--- "Bubber Sher" and "Cheeta" though belonged lo the same cat family, but appeared to be completely distinguishable both in terms of appearance, as well as the use of the two species in common parlance---In common parlance a "Bubber Sher" (Lion), had a particular appearance being a very heavy animal completely. different from other who might fall in the broad category of "Sher" i.e. a tiger, leopard, panther or a 'Cheeta'---No deception was likely to arise between the marks " Bubber Sher" and "Cheeta"---Appeal was dismissed. Crescent Pencils Limited v. Indus Pencil Industries Limited 1989 CLC 2005 and Dawood Hercules v. Registrar Trade Marks 1991 CLC 2307 ref. ORDER SABIHUDDIN AHMED, C.J.---this appeal is directed against an order of the Registrar Trade Marks dated 4-1-2003, whereby the appellant's opposition to registration of the trade mark "Cheeta" and device in respect of. chemical fertilizer manufactured by the said respondent was rejected: Basically the case of the appellant appears to be that they have been marketing identical products since 1971 under the trade-mark "Bubber Sher" along with device and have acquired a great deal of respect and credibility in the market for their high quality. The respondent No.2 by using a similar description "Cheeta" for identical goods are attempting to invade the goodwill of the appellants. 2. No specific plea as regards similarity of the device used by the parties was raised.…

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