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Citation: 1967 PLD 492
Court: Sindh High Court
Year: 1970
Decision Date: 1970-09-21
Parties: MESSRS SURYA BROTHERS vs MESSRS DADA SOAP FACTORY LTD.
Case cited as PLD 1967 Kar. 492
Court Name: Sindh High Court Judge(s): Ghulam Rasool K. Shaikh Title: MESSRS SURYA BROTHERS vs MESSRS DADA SOAP FACTORY LTD. Case No.: Miscellaneous Appeal No, 68 of 1965 Date of Judgment:1970-09-21 Reported As: PLD 1971 Karachi 189 Result: Appeal accepted JUDGMENT JUDGMENT This is an appeal under section 76 of the Trade Marks Act, 1940, against the order dated 4th March 1965, passed by the Registrar of trade Marks, Karachi; rejecting the application for tegistration of the trade mark. The appellants had filed an Application No, 3315 dated 22-9-60 for the registration of a trade mark in respect of all types of soaps and soap products in class 3. The trade mark comprised a label containing the device of the Ace of Spade with the word "Kalapan", claimed to have been used since 1948. At the time when the application was made it was found that there was a registered trade mark having the device of Heart with words, "Lal Pan" registered under No, 30 dated 8th April 1948, in class 3 in respect of soaps, toilet, washing chips and liquids in favour of one firm known as Ismail Soap Factory and furthermore the application dated 1-7-1957, made by the respondents for the registration of their trade mark under No, 27568 in class 3 in respect of soap having the device of betel leaf with words, `Motia Pan' was pending. Consequently an objection was raised by the Registrar and there was some correspondence between the Registrar and the appellants. Eventually the Registrar by his letter T.…
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