Law: Trade Marks Act, (V of 1940)

Section: 10

Trade Marks Act (V of 1940)--Ss. 10 & 76---Registration of trade mark 'Union'---Application for---Appeal to High Court---Appellant filed application for registration of trade mark 'Union' for its product 'Match box;---Respondent, a Tobacco Company filed objection before Registrar Trade Marks on the ground that very trade mark 'Union' was registered in favour of their company and that they were doing their business under the same mark since, 1980---Appellant who filed application for registration of trade mark 'Union' for its product match box on 1-1-1995, claimed that appellant was using said trade mark since, 1995, but appellant could not prove that---Since Tobacco Company was already using trade mark 'Union' for their product since 1980, application of appellant for registration of said marls for its product, was rightly dismissed by Registrar Trade Marks---Impugned order being very elaborate, required no interference---Appeal was dismissed. 1989 MLD 1598; KLR 1987 Civil Cases 322; PLD 1987 Kar.119; PLD 1986 Kar. 482 and PLD 1978 Kar. 161 rel. JUDGMENT MRS. YASMIN ABBASEY, J.---This appeal has been directed against the order dated 28-9-2002 of Registrar of Trade Marks at Karachi in Opposition No.70 of 1999. The facts leading to the case are that the appellant Messrs Union Match (Pvt.) Ltd., filed an application for registration of Trade Marks on 1-1-1995 under No.128179 in Class 34. The said trade mark was advertised in Trade Mark Journal No.561 dated 1st October, 1997. Respondent Messrs Lakson Tobacco Company Ltd. filed objection before the Registrar being No.70 of 1999 on the ground that very trade mark Union was registered in favour of their company vide No.37926 in class 34 in respect of cigarettes, and they are doing their business under the same mark since 1980. Therefore, the application of the appellant for registration of very trade mark Union for 'match' will create confusion and deception in the mind on common purchaser as both the goods are inter connected each other. It is argued by the learned counsel for the appellant that the appellant is using this trade mark since 1995 and is running business under the same name, of match and lighter,…

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