| Case ID |
1ef702c0-c4e5-447b-aa51-f0acb745d0d3 |
| Body |
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| Case Number |
Civil Appeal No.186-K of 1990 |
| Decision Date |
Feb 10, 1991 |
| Hearing Date |
Jan 24, 1991 |
| Decision |
The Supreme Court of Pakistan allowed the appeal by Cluett, Peabody and Company Inc. against the judgment of the High Court of Sindh. The Court found that the lower courts had misinterpreted the provisions of the Trade Marks Act, specifically the interpretation of Section 37(1) in relation to the plea of res judicata. The Court concluded that the previous decisions did not bar the appellants from opposing the registration of the trade mark 'sharp arrow' by the respondents. The Court ordered that the case be remanded to the Assistant Registrar of Trade Marks for a fresh consideration of the opposition filed by the appellants, without the influence of the earlier findings on res judicata. |
| Summary |
This case revolves around the interpretation and application of the Trade Marks Act (V of 1940) concerning the registration and opposition of trade marks. The Supreme Court of Pakistan examined the legal principles surrounding the grounds for opposition to the registration of a trade mark and the implications of res judicata in the context of trade mark disputes. The case highlights the importance of bona fide use of trade marks, the rights of registered proprietors, and the conditions under which trade marks can be registered. It emphasizes the need for careful scrutiny by the courts in ensuring that the principles of fairness and justice are upheld in trade mark registration processes. The decision underscores the necessity for lower courts to apply the law correctly and the implications of their judgments on the rights of parties involved in trade mark disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ZAFFAR HUSSAIN MIRZA,
AJMAL MIAN
|
| Lawyers |
Not available
|
| Petitioners |
CLUETT, PEABODY and COMPANY INC.
|
| Respondents |
ASSISTANT REGISTRAR OF TRADE MARKS and others
|
| Citations |
1991 SLD 1077,
1991 SCMR 921
|
| Other Citations |
Not available
|
| Laws Involved |
Trade Marks Act (V of 1940),
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
37(1),
11,
21,
10,
15(2),
8,
11,
185(3)
|