MUHAMMAD TARIQ vs FEDERATION OF PAKISTAN Ss — 2024 CLD 676 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD TARIQ VS FEDERATION OF PAKISTAN Ss. 28, 114 & 123---Constitution of Pakistan, Art. 199---Order passed by the Registrar of Trademarks, assailing of---Constitutional petition---Maintainability---Appeal, right of---Petitioner filed constitutional petition impugning an order passed by the respondent (the Registrar of Trade Marks), who dismissed twenty (20) Notices of Opposition (TM-05) and like number of Extension Applications (TM-56) presented by him (petitioner) on the ground that the same were time barred---Contention of the petitioner was that as the right of appeal was specifically barred in the present case by virtue of S. 123 of the Trade Marks Ordinance, 2001, hence the petitioner had no alternate remedy there-under, thus the constitutional petition was maintainable---Validity---Combined reading of the provisions of Ss. 28, 114 & 123 of the Trade Marks Ordinance, 2001 manifest that S.28(2) of Trade Marks Ordinance, 2001 expressly sets out a timeframe within which the notice of opposition is to be given, whereas S.123(1) of Trade Marks Ordinance, 2001, applies only in respect of those matters where time has not been expressly provided for under the Ordinance---Furthermore, S.123(2) of the Trade Marks Ordinance, 2001, operates so as to bar an appeal only where the Registrar has allowed an application under S.123(1) and extended time in such un-provided cases---High Court viewed that the contention of the petitioner as to the unavailability of an appeal on the touchstone of S.123(2) of Trade Marks Ordinance, 2001, was misconceived---Moreover, the aspect of opposition was rendered as a moot by the registrations made in favour of the Respondent under the Trade Marks Ordinance, 2001, following the impugned Order, thus he was at liberty to pursue such remedies as might be available to him under the given circumstances in terms of the Ordinance, 2001---Constitutional petition was dismissed, in circumstances.

MUHAMMAD TARIQ vs FEDERATION OF PAKISTAN Ss — 2024 CLD 676 KARACHI-HIGH-COURT-SINDH

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