1987 PLP 2482 (MLD)
SARTAJ AGRICULTURAL INDUSTRIES, FAISALABAD — Appellant Versus SARTAJ INDUSTRIES, FAISALABAD — Respondent
| Citation | 1987 PLP 2482 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Abaid Ullah Khan, J |
| Parties | SARTAJ AGRICULTURAL INDUSTRIES, FAISALABAD — Appellant Versus SARTAJ INDUSTRIES, FAISALABAD — Respondent |
| Primary Law | Trade Marks Act (V of 1940) |
Q1: What are the key laws and sections cited in 1987 PLP 2482 (MLD)?
This judgment primarily cites: Trade Marks Act (V of 1940) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 2482 (MLD)?
The case was heard and decided by the Lahore bench comprising: Abaid Ullah Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 2482 (MLD) (SARTAJ AGRICULTURAL INDUSTRIES, FAISALABAD — Appellant Versus SARTAJ INDUSTRIES, FAISALABAD — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Iqbal for Appellant.
- Chaudhry A.Waheed Saleem for Respondent.
- Date of hearing: 18th February, 1987.
Headnotes / Summary
Ss.10 & 76--Trade marks--Trade marks of both parties distinct and different and no likelihood existing for any confusion or deception--Both parties, held, could use their respective trade marks and get them registered--Order of Registrar, Trade Marks, rejecting application of appellant for registration set aside and Registrar directed to register trade mark of appellant.
Judgment & Decree
First Appeal from Original Order No.93 of 1980, decided on 18th February, 1987.
Ss.10 & 76--Trade marks--Trade marks of both parties distinct and different and no likelihood existing for any confusion or deception--Both parties, held, could use their respective trade marks and get them registered--Order of Registrar, Trade Marks, rejecting application of appellant for registration set aside and Registrar directed to register trade mark of appellant. Muhammad Iqbal for Appellant. Chaudhry A.Waheed Saleem for Respondent. Date of hearing: 18th February, 1987. The facts relevant for the purpose of disposal of this appeal against the order of the Registrar of Trade Marks dated the 9th January, 1980, rejecting the application of the appellant for registration of its mark, whose prominent word 'SARTAJ' appeared both in English and Urdu language, as well as its opposition to the respondent's application for the registration of its Trade Mark containing the word 'SARTAJ' in English language and consequently allowing the respondent to proceed with the registration, may be shortly stated. Sartaj Agricultural Industries, Faisalabad, appellant, and Sartaj Industries, Faisalabad, respondent, are registered firms. The appellant's partners are cousins of the respondent's `partners. One Taj Din, the common ancestor of the partners of the two firms, started in 1906 the business of manufacturing agricultural implements which is now being conducted by these firms. However, after the death of Taj Din a rift arose between the various partners and separate organization case of concurrent use of the word 'SARTAJ' by the parties in view of their old family business. As the respective marks of the parties are distinct and different and there is no likelihood of any confusion or deception it is eminently fit case in which both the parties should be allowed to use their marks and get them registered. The appeal is accepted, the order of the Registrar in so far as it rejected the appellant's application to get its mark registered is set aside. The mark of the appellant will be registered. The parties are left to bear their own costs. M.Y.H./S-99/L Appeal accepted.