| Case ID |
3793f6e8-8dff-4791-b656-ae2797128145 |
| Body |
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| Case Number |
Miscellaneous Appeal No. 45 of 1998 |
| Decision Date |
Aug 13, 2001 |
| Hearing Date |
Aug 06, 2001 |
| Decision |
The court found that the discretion exercised by the Registrar of Trade Marks in refusing the registration of the trade mark was not based on sound legal principles. The appellant's logo, which included their name 'Societe Generale' in a distinctive design, was deemed to fulfill the requirements for registration under the Trade Marks Act, 1940. The court emphasized that the discretion vested in the Registrar must be exercised judiciously and not arbitrarily. As a result, the court set aside the Registrar's order and directed the processing of the application for registration in accordance with the law. |
| Summary |
In this case, SOCIETE GENERALE, an international bank operating in Pakistan, sought to register its trade mark as per the Trade Marks Act, 1940. The Registrar of Trade Marks initially refused the application on grounds that the mark had not been used in Pakistan and did not represent the name in a special or particular manner. However, the Sindh High Court reviewed the case and noted that the logo was distinctive and met the criteria for registration. The court underscored the importance of judicial discretion in administrative decisions, ruling that the Registrar's arbitrary refusal was unjustified. The court's decision to allow the registration of SOCIETE GENERALE's mark reflects the principles of trademark law, balancing the need for distinctiveness with the rights of entities to protect their brand identity. This case highlights the significance of proper legal representation and adherence to established criteria in trademark registration processes. |
| Court |
Sindh High Court
|
| Entities Involved |
SOCIETE GENERALE
|
| Judges |
MUSHIR ALAM, JUSTICE
|
| Lawyers |
Qazi Faez Issa
|
| Petitioners |
SOCIETE GENERALE
|
| Respondents |
REGISTRAR OF TRADE MARKS
|
| Citations |
2002 SLD 649,
2002 CLD 37
|
| Other Citations |
Abdul Aziz v. Seven up Co., Karachi and another PLD 1978 Kar. 10,
Messrs Colgate Palmolive (Pakistan) Ltd. v. Deputy Registrar of Trade Marks PLD 1992 Kar. 115,
Messrs Glaxo Laboratories Ltd. v. The Registrar of Trade Marks, Government of Pakistan PLD 1985 Kar. 630,
Hyundai Motor Co. v. Deputy Registrar, Trade Marks 1987 MLD 2847,
The Assistant Registrar of Trade Marks, Karachi v. Messrs Lakson Tobacco Company Limited 1992 SCMR 2323,
Parke, Davis & Company v. The Deputy Registrar of Trade Marks, Karachi 1984 CLC 2623,
National Detergents Limited v. Assistant Registrar of Trade Marks II 1989 MLD 1137,
(1915) 32 RPC 453,
(1884) 27 Ch. D 681,
59 RPC 125,
45 RPC 199,
45 RPC 325
|
| Laws Involved |
Trade Marks Act, (V of 1940)
|
| Sections |
2,
2(1)(f),
6(1)(a),
14(1)
|