MESSRS LODHI & Co., KARACHI-. vs MESSRS ANSONIA WATCH CO. AND — 1972 PLD 238

Citation: 1972 PLD 238

Court: Sindh High Court

Year: 1971

Decision Date: 1971-12-31

Parties: MESSRS LODHI & Co., KARACHI-. vs MESSRS ANSONIA WATCH CO. AND JUDGMENT

Headnotes

Case cited as PLD 1972 Karachi 238

Judgment Text

Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad Title:MESSRS LODHI & Co., KARACHI-. vs MESSRS ANSONIA WATCH CO. AND JUDGMENT Reported As: PLD 1972 Karachi 238 Result: Orders accordingly Judgment JUDGMENT This is an appeal by Messrs Lodhi & Company under section 76 of the Trade M irks Act, 1940 against the order of an Assistant Registrar of Trade Marks, dated the 28th of March 1967, the concluding part of which is as follows :- "Finally, after giving my fullest consideration to the facts of this case and also taking into account of my judgment dated 1-4-1964 in Opposition No. 35 of 1963 and the decision given by Farookee, J. Upholding my earlier decision, I come to the conclusion without any hesitation that the applicants (Messrs Ansonia Watch Co.) are entitled to the registration of the word mark ANSONIA in the form they have been using in their Application No. 38621 on the ground of honest concurrent user under section 10 (2) of the Trade Marks Act, 1.940, and I order the application to proceed to registration after expiry of the time of appeal." 2. Counsel for the parties have given the background of facts to be that the word "Ai`?SONIH," is claimed by both parties to be their trade marks which both claim to have been using in respect of clocks and watches for a long time. The appellants, namely Messrs Lodhi & Co. Applied for the registration of that word in 1960. The application was advertised and opposi--tion was entered by respondent No. 1, namely Ansonia…

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