MESSRS PUNJAB SOAP FACTORY vs THE ASSISTANT REGISTRAR OF TRADE — 1970 PLD 604

Citation: 1970 PLD 604

Court: Sindh High Court

Year: 1969

Decision Date: 1969-12-31

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

Headnotes

Case cited as PLD 1970 Karachi 604

Judgment Text

Court Name: Sindh High Court Judge(s): Noorul Arfin Title:MESSRS PUNJAB SOAP FACTORY vs THE ASSISTANT REGISTRAR OF TRADE JUDGMENT Reported As: PLD 1970 Karachi 604 Result: Appeal dismissed Judgment JUDGMENT This appeal under section 76 of the Trade Marks Act, 1940, is directed against the order dated 2nd March 1964, of the Assistant Registrar of Trade Marks. The only respondent in the case is the Assistant Registrar, but no appearance on his behalf has, however, been made in these proceedings. 2. The appellant applied in June 1962, for registration of a trade mark consisting of the word "Punjab Shaving Cup Soap" with the device of a shaving brush, in respect of soap in class 3. The Assistant Registrar refused registration on the ground that the device of shaving brush was merely descriptive of shaving soap and the word "Punjab" was a geographical name and, accordingly, the mark was not adapted to distinguish the appellant's goods under section 6(l)(d) and (e) of the Trade Marks Act, 1940. Section 6 of the Trade Marks Act, without the proviso (which is not material for this case) is in these terms :- "6.-(1) A trade mark shall not be registered unless it contains or consists of at least one of the following essential particulars, namely :- (a) the name of a company, individual, or firm, represented in a special or particular manner ; (b) the signature of the applicant for registration or some predecessor in his business ; (c) one or more invented words ; (d) one or more…

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