KARACHI: A division bench of High Court of Sindh (SHC) comprising Justice Zulfiqar Ahmed Khan and Justice Adnan Iqbal Chaudhry disposed of a petition regarding Trade Mark with the Direction to the Director, Intellectual Property Right (IPR) to pass an speaking order in an application filed by the petitioner Saleem Mill Store Lahore.
Miss Nasima Mangrio Advocate appearing for the petitioner Shahryar, sole proprietor of Shahryar Trading, argued that petitioner is proprietor of a trade mark duly registered in class ‘7’ issued by Trade Mark Registry Karachi besides registered copy right in the said artistic work as evident from certificate issued to petitioner.
Kazim Raza advocate appearing for the respondent S.M. Iqbal & Sons and Hamza Traders submitted that said trade mark was originally registered in favor of Respondent S.M.Iqbal & Sons through an application dated 15-6-2007 which was duly registered on 18-2-2016 and thus petitioner is subsequent in time and has allegedly registered a deceitful similar trade mark and through this petition is using force of law to stop import of goods bearing a prior trade mark.
It was also argued that while both the contesting parties have argued their case before the Director IPR (Enforcement) Pakistan Customs, however no final order has been passed.
Afsheen Aman Advocate, counsel for the Director IPR submitted that respondent officer has made inquiries and have sought information from the Trade Mark Registry, placed on record with comments. She admitted that a final order is yet to be passed on the application of the petitioner.
The bench after completion of arguments from both sides disposing of the petition ordered the Director IPR to pass a speaking order in accordance with the provisions of Trade Mark & Copy Right laws keeping intent and framework of these legislations in mind. The bench gave three week time for passing such a detailed order.