Law: Trade Marks Ordinance (XIX of 2001)

Section: 40(4) & 17

Trade Marks Ordinance (XIX of 2001)--Ss. 40(4) & 17---Application seeing restraining order against the defendants from infringing and/or passing off their right in ;; respect of the trade mark, house mark, service mark, trade name 'Dewan' by using. the trade marls `Daily Dewan' for their newspaper, service and or any other product---Validity---Once a trademark/trade name is registered under the provisions of the Trade Marks Ordinance, 2001, then it restricts the other party from using such trade mark, moreso when it is distinct and its use would lead to confusion or deception---Grant of declaration to the newspaper under Press Council of Pakistan Ordinance, 2002 sloes not give right to a party under the garb of distinct nature of business---Plaintiff, in circumstances, having made out a case for grant of injunction, application was allowed---Principles.If trademark is registered the same cannot be used by any other person in the face of the provision of section 40(4) read with section 17 of the Trade Marks Ordinance, 2001. Mere granting of declaration under the Press Council of Pakistan Ordinance, 2002 does not authorize the defendants to infringe the right of the plaintiff guaranteed under the provision of the registered Trade Marks Ordinance, 2001. The scope of granting of declaration is independent of the provision of Trade Marks Ordinance, 2001. Grant of declaration does not give rise to a party a right to use the registered trade mark of another party under the garb of distinct nature of business. Publication of the Newspaper under the provision of Press Council of Pakistan Ordinance, 2002 on the basis of a declaration does not exclude the right of infringement of the plaintiff under the Trade Marks circumstance, 2001.Once a trade mark/trade name is registered under the provision of Trade Marks Ordinance, 2001 then it restricts the other party from using such trade marls, moreso when it is distinct and its use would lead to confusion or deception.The plaintiff prima facie had made out a case for grant of injunction and allowing to use the trade mark "DEWAN" by the defendants would cause inconvenience and would lead to deception and confusion in terms…