| Case ID |
04df97f2-2169-4f06-9428-f7d2fb75125c |
| Body |
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| Case Number |
Miscellaneous Appeal No.28 of 2006 |
| Decision Date |
Nov 24, 2008 |
| Hearing Date |
|
| Decision |
The miscellaneous appeal was filed against the order dated 10-4-2006, wherein the delay in filing the objection was condoned. The appellant's counsel argued that the opposition should have been filed within two months from the date of publication, which was done on May 25, 2005, but no opposition was filed within that period. The respondent's counsel contended that the Registrar has the discretion to grant time under Rule 76 of the Trade Marks Rules, 1963. The Registrar found the explanation for the delay satisfactory, allowing the matter to be decided on its merits. The appeal was dismissed as it lacked merit, and the Registrar was instructed to decide the issue within four months. |
| Summary |
In the case of MESSRS IRFAN WORLD OF SPORTS (PVT.) LTD. vs REGISTRAR OF TRADE MARKS, the Sindh High Court addressed the procedural aspects related to the filing of objections under the Trade Marks Ordinance (XIX of 2001) and the Trade Marks Rules, 1963. The court examined the Registrar's discretion to condone delays in filing oppositions and emphasized that procedural delays should not prevent cases from being decided on merits. The appeal was dismissed, reinforcing the importance of timely filings while acknowledging the Registrar's authority to grant extensions. This case highlights the significance of understanding procedural rules and the discretion exercised by regulatory bodies in the context of trademark applications. Legal practitioners should take note of such precedents to navigate trademark disputes effectively. |
| Court |
Sindh High Court
|
| Entities Involved |
Irfan World of Sports (PVT.) LTD.,
Registrar of Trade Marks
|
| Judges |
MUNIB AHMAD KHAN, JUSTICE
|
| Lawyers |
Amna Salman,
Salim Ghulam Hussain
|
| Petitioners |
MESSRS IRFAN WORLD OF SPORTS (PVT.) LTD.
|
| Respondents |
ANOTHER,
REGISTRAR OF TRADE MARKS
|
| Citations |
2009 SLD 203,
2009 CLD 908
|
| Other Citations |
PLD 1992 SC 417
|
| Laws Involved |
Trade Marks Ordinance (XIX of 2001),
Trade Marks Rules, 1963
|
| Sections |
28,
29,
114,
76
|