Law: Trade Marks Act, (V of 1940)

Section: 10,8(a),10(1),14(1)

(a) Trade Marks Act (V of 1940)--Ss. 8(a), 10(1) & 14(1)---Trade mark, registration of---Application in year 1991 for registration of such mark in. applicant's name claiming to have conceived same in year, 1988 and being in its use since then for marketing its products of oil, air and fuel filters---Notice of opposition by Japanese company on coming to know in January, 2004 about such mark advertised in Trade Mark Journal claiming to have developed same, in year 1960 and got same registered in 83 countries including Pakistan, where same was registered in 1963---Plea of applicant was that name of such company was not well known for products of such filters for not selling same, thus, question of association of consumers of applicant with products of such company would not arise---Validity---Mark applied for by applicant was identical copy of such company's mark--Adoption of such mark by applicant in same style and font was by itself misleading and would cause deception---Such mark was already in use of such company in Pakistan for its other goods---Dishonesty of applicant would be presumed as he had not established concurrent, long and honest user of such mark prior to its registration in name of such company---Foreign company upon noticing such advertisement had not remained silent, but had immediately filed its notice of opposition---Foreign company might not be presently selling identical goods in Pakistan, but products of applicant could be associated with that of foreign company, who might have built up a sizeable reputation and goodwill for its products in Pakistan by investing on advertisement of such mark-Applicant could not be allowed to trade by taking advantage of name, publicity and goods of foreign company's mark established over a period of time---Such application was rejected in circumstances. PLD 1970 SC 460; 2004 CLD 315; PLD 1959 Dac. 41 and 1991 CLC 37 ref. Cooper's Incorporated v. Pakistan General Store reported in 1981 SCMR 1039 and (1906) 23 RPC 774 rel. (b) Trade Marks Act (V of 1940)--- ----Ss. 8, 10 & 14---User for long time of a trade mark registered in someone else's name---Protection available to such user stated. When the use…

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