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SHANN'S COSMETICS AND CHEMICALS vs REGISTRAR OF TRADE MARKS Ss — 2022 CLD 176 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLD 176 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLD
Parties
SHANN'S COSMETICS AND CHEMICALS vs REGISTRAR OF TRADE MARKS Ss

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SHANN'S COSMETICS AND CHEMICALS VS REGISTRAR OF TRADE MARKS Ss .8(a), 10(1)(2), 21 & 114---Registration of trade mark---Deception and confusion---Principle---Objection to registration of trade mark--- Appellant claimed to be owner of registered trade mark "Soft Touch" and filed his objection to registration of trade mark "Sweet Touch" by respondent---Authorities dismissed the objection and application for registration of trade mark filed by respondent was allowed---Validity---Where two marks were not identical, the crucial point requiring consideration was that it should so nearly resemble that it would likely to deceive or cause confusion in course of trade---Unwary or incautious or careless or unguarded purchaser was likely to be misled or deceived into purchasing goods of person keeping in view the vast difference in literary ratio and condition of like in Pakistan as compared to developed countries---Appellant had been using trade mark "Soft Touch" since long which was not only distinctive but was continuously in use and respondent realizing such fact had copied it to "Sweet Touch" in order to deceive customers---High Court set aside the order passed by authorities---Appeal was allowed, in circumstances.

Other judgments reported in 2022 CLD

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