| Case ID |
268109c5-25d4-4da8-9a7c-b29bb02bf0a3 |
| Body |
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| Case Number |
Civil Petition No.19 of 1987 |
| Decision Date |
Oct 23, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the findings of the Lahore High Court regarding the registration of the trade mark 'KSB'. The court found that the use of the identical trade mark by the petitioner was likely to cause confusion and deception among the public and purchasers. The Registrar's decision, which rejected the petitioner's application for the trade mark based on the potential for confusion, was affirmed by the High Court. The Supreme Court, after reviewing the case, determined that there was no infirmity in the findings of fact recorded by the Registrar and affirmed by the High Court. Thus, the leave to appeal was refused. |
| Summary |
This case revolves around the registration of the trade mark 'KSB' by Messrs K.S.B. Electrical Industries for their electric fans and desert coolers, which was opposed by Messrs K.B.S. (PUMPS) Company Limited, the registered owner of the same trade mark for water pumps and related scientific instruments. The core issue was whether the use of the identical trade mark would cause confusion among consumers. The Registrar concluded that such use would indeed mislead the public, leading to deception regarding the source of the goods. The High Court affirmed this decision, and the Supreme Court upheld the findings, emphasizing the importance of protecting registered trade marks against misleading representations that can harm consumers and the integrity of the market. This case highlights the critical balance between trademark rights and consumer protection under the Trade Marks Act of 1940 and the Constitution of Pakistan, illustrating the judiciary's role in adjudicating trademark disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SAAD SAOOD JAN
|
| Lawyers |
Not available
|
| Petitioners |
Messrs K.S.B. ELECTRICAL INDUSTRIES
|
| Respondents |
Messrs K.B.S. (PUMPS) COMPANY LIMITED and others
|
| Citations |
1991 SLD 1381,
1991 SCMR 1818
|
| Other Citations |
Not available
|
| Laws Involved |
Trade Marks Act (V of 1940),
Constitution of Pakistan (1973)
|
| Sections |
10,
185(3)
|