THE PARKER PEN COMPANY vs ERO-FULLHALTER FABRIK LUDWIG — 1971 PLD 579

Citation: 1971 PLD 579

Court: Sindh High Court

Year: 1971

Decision Date: 1971-03-01

Parties: THE PARKER PEN COMPANY vs ERO-FULLHALTER FABRIK LUDWIG

Headnotes

Case cited as PLD 1971 Karachi 579

Judgment Text

Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad Title: THE PARKER PEN COMPANY vs ERO-FULLHALTER FABRIK LUDWIG Case No.: Miscellaneous Appeal No, 10 of 1971 Date of Judgment:1971-03-01 Reported As: PLD 1971 Karachi 579 Result: Appeal dismissed Judgment ORDER This appeal under section 76 of the Trade Marks Act, 1940 is directed against the decision of the Assistant Registrar of Trade Marks dated the 4th of September 1970, by which he held that the opposition to the registration of the word 'ERO' as a trade mark could not be upheld. 2. Dr. I. Mahmood has contended in criticism of the decision that the Assistant Registrar of Trade Marks has not appreciated that protection resulting from the registration of a device extends to its phonetic expression and that in this case there was likelihood of a confusion arising to the disadvantage of the trade of the appellant if the word 'ERO' was registered. 3. The relevant facts are that the appellant is the manufacturer of well-known Parker fountain pens. These pens have a clip of the shape of an arrow. This device has also been registered as a trade mark. The respondent is also a manufacturer of fountain pens and uses the word ERO as its trade mark on them. An application was made by the respondent for the registration of the word 'ERO' as the trade mark of its fountain pens to which opposition was entered on behalf of the appellant on the ground that although the word ARROW was not the registered trade mark of the appellant…

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