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Petitioner: PREMIER TOBACCO INDUSTRIES LTD. VS Respondent: REGISTRAR OF TRADE MARKS, KARACHI
1988 C L C 934
1988 C L C 934
[ Karachi]
Before Ajmal Mian, J
PREMIER TOBACCO INDUSTRIES LTD.‑‑Appellant versus THE REGISTRAR OF TRADE MARKS, KARACHI‑‑Respondent
Miscellaneous Appeal No.65 of 1982, decided on 23rd August, 1987.
Trade Marks Act (V of 1940)‑‑
‑‑‑Ss. 8 & 76‑‑Registration of trade mark‑‑Question whether word "Kingston" sought for trade mark had any geographical connection as contended by Registrar declining registration thereof, held, was to be determined with reference to Pakistan where application was made and not in context with foreign territory‑‑High Court accepted appeal against order of Registrar and directed him to proceed with application for registration in accordance with law from stage at which it was when order under appeal was passed.
Messrs Ansonia Watch Co. v. Messrs Lodhi and Co., Karachi PLD 1974 Note 51at p.90; Asahi Seisakusho Sohonsha Ltd. Japan v. The Deputy Registrar of Trade Marks, Karachi P L D 1973 Notes 63 at p. 83 and Messrs Wurttembergische Parfumerie GmbH v. The Assistant Registrar of Trade Marks, Government of Pakistan PLD 1986 Kar. 311 ref.
Zain S. Sheikh for Appellant. Muzaffar Hassan for Respondent. Date of hearing: 23rd August, 1987.
JUDGMENT This is an appeal against an order dated 5th May, 1982 passed by the respondent i.e. Registrar of Trade Marks in application No. 71406 for registration of the trade mark "Kingston" in Class 34 filed by the appellant declining the above application on the following grounds:‑
"I find that the above aspect is not available there. I am therefore, of the opinion that KINGSTON is a geographical territory of area which can be regarded as descriptive of the place or manufacture or sale of cigarettes and cigars. People may think that the source of supply of goods is either KINGSTON or at least the goods have manufacturing or sale connection with KINGSTON. Therefore, likelihood of confusion or deception as envisaged in Section 8 (a) cannot be ruled out."
The appellant being aggrieved by the above order has filed the present appeal.
2. In support of the above appeal Mr. Zain Shaikh, learned counsel for the appellant, has urged that the word "Kingston" has no geographical connection in relation to the territory comprising of Pakistan and, therefore, the learned Registrar was not justified in declining the above application on the above ground. He has invited my attention to an unreported judgment of the Hon'ble Supreme Court of Pakistan dated 22nd September, 1981 passed in Civil Appeal Nos. K‑37 and K‑38 of 1979 (Hoechest Aktiengesellschaft v. The Assistant Registrar of Trade Marks, Trade Marks Registry, Karachi). He has also referred to the following reported cases: ‑---
(i) Messrs ansonia Watch Co. v. Messrs Lodhi and Co. Karachi (PLD 1974 Note 51 at page 90).
(ii) Asahi Seisakusho Sohonsha Ltd. Japan v. the Deputy Registrar of Trade Marks, Karachi (PLD 1973 Note 63 at page 83).
(iii) Messrs Wurttembergische Parfumerie GmbH v. The Assistant Registrar (1) of Trade %larks, Government of Pakistan (PLD 1986 Kar. 311).
Mr. Muzaffar Hassan, learned counsel for the respondent, is unable to cite any case, in which contrary view has been taken. I am also inclined to hold that the question, whether the word 'Kingston' has any geographical connotation is to be determined with reference to Pakistan where the application was made and not in context with a foreign territory. The appeal is therefore, allowed. The respondent is directed to proceed with the appellant's application for registration, in accordance with law from the stage at which it was when the order under appeal was passed. However, there will be no order as to costs.
H. B. T./P‑34/K Appeal allowed.