| Case ID |
36cb33a7-7fbe-4d7a-bf24-86ff97c6dfea |
| Body |
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| Case Number |
Civil Appeal No. 553-K of 1990 |
| Decision Date |
Apr 03, 1991 |
| Hearing Date |
Apr 03, 1991 |
| Decision |
The Supreme Court of Pakistan granted registration of the trade mark 'LIGHT' in Urdu, subject to conditions, while addressing the likelihood of confusion with 'SUNLIGHT' and the necessity of honest concurrent use. The court emphasized the importance of distinguishing features in trade marks, ruling that the first syllable of a multi-syllabic word carries more weight in terms of consumer perception. The decision allowed for specific limitations on the use of the 'LIGHT' mark, ensuring it would not lead to consumer deception. This case highlights the legal intricacies surrounding trade mark registration and the balance between protecting established brands and allowing new entities to coexist in the market. |
| Summary |
This case revolves around the registration of the trade mark 'LIGHT' for laundry soap, contested by UNILEVER LTD, which held the trade mark 'SUNLIGHT'. The Supreme Court of Pakistan ruled that while the marks are similar, the distinction lies in their usage for different types of soap—laundry versus toilet soap. The court emphasized the importance of the prefix in trade marks and the potential for consumer confusion. The ruling allowed the registration of 'LIGHT' under specific conditions to mitigate confusion, thereby balancing the interests of both parties. This case is significant in understanding trade mark law, particularly the principles of deception and the criteria for concurrent use. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
UNILEVER LTD,
SULTAN SOAP FACTORY
|
| Judges |
ZAFFAR HUSSAIN MIRZA,
SALEEM AKHTAR
|
| Lawyers |
Fateh W. Vellani,
Nizam Ahmed
|
| Petitioners |
UNILEVER LTD
|
| Respondents |
another,
SULTAN SOAP FACTORY
|
| Citations |
1991 SLD 578 = 1991 PLD 939
|
| Other Citations |
Jamia Industries Ltd. v. Call Tax Oil Pakistan PLD 1984 SC 8,
Seven-Up Co. v. Kohinoor Thread Ball Factory PLD 1990 SC 313,
Alpha Sewing Machine Co. v. Registrar of Trade Marks and another PLD 1990 SC 1074,
Kabushiki Kaisha Toshiba v. Ch. Muhammad Altaf PLD 1991 SC 27,
T.G. Balla-G Chettiar v. Hindustan Lever Ltd. Bombay AIR 1967 Mad. 148,
Cresent Pak Soap and Oil Mills v. Dy. Register of Trade Marks Chitagong PLD 1969 SC 292
|
| Laws Involved |
Trade Marks Act (V of 1940)
|
| Sections |
10,
8(a)
|