MESSRS PUNJAB SOAP FACTORY, LAHORE vs THE ASSISTANT REGISTRAR OF — 1970 PLD 444

Citation: 1970 PLD 444

Court: Sindh High Court

Year: 1969

Decision Date: 1969-12-31

Parties: MESSRS PUNJAB SOAP FACTORY, LAHORE vs THE ASSISTANT REGISTRAR OF JUDGMENT

Headnotes

Case cited as PLD 1970 Karachi 444

Judgment Text

Court Name: Sindh High Court Judge(s): Noorul Arfin Title:MESSRS PUNJAB SOAP FACTORY, LAHORE vs THE ASSISTANT REGISTRAR OF JUDGMENT Reported As: PLD 1970 Karachi 444 Result: H. Judgment JUDGMENT This appeal is under section 76 of the Trade Marks Act, 1940 and seeks to challenge the order, dated 5-3-1964 of the Assistant Registrar of Trade Marks refusing registration of the appellant's mark consisting of the words "Punjab Soap Factory". The registration was refused on the ground that these words were not adapted to distinguish under sec--petition 6(1)(a) of the Act, under which the name of a company, individual, or a firm may be registered as a trade mark if it is represented in special or particular manner. 2. The learned Advocate for the appellants, Mr. A. A. Zari, contended that by long user since 1927, these words have acquired a secondary signification and have become distinctive of the appellants' goods and, therefore, are registr--able as a trade mark under section 6(1)(e) and (3) of the Act, which permits registration of a mark upon evidence of its distinctiveness. Under subsection (3), the registrar is required, in determining whether a trade mark is adapted to distinguish, to have regard to the extent to which- (a) the mark is inherently adapted to distinguish, and (b) the mark has in fact become adapted to distinguish by reason of use. 3. The appellants' case now, is not for registration under section 6(1)(a), but under section 6(1)(e) read with subsec--petition…

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