MUHAMMAD QASIM vs REGISTRAR OF TRADE MARKS Ss — 2025 CLD 313 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLD 313 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLD
Parties: MUHAMMAD QASIM vs REGISTRAR OF TRADE MARKS Ss
Subject matter: Civil
Provisions referred to: S. 54---C; Pakistan Act (XXII of 2012); Specific Relief Act (I of 1877); Civil Procedure Code (V of 1908); Trade Marks Ordinance

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

MUHAMMAD QASIM VS REGISTRAR OF TRADE MARKS Ss. 73, 80 & 96---Intellectual Property Organization of Pakistan Act (XXII of 2012), Ss. 16, 17 & 18---Specific Relief Act (I of 1877), S. 54---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for injunction and recovery of damages---Rejecting of plaint---Infringement of trade mark during pendency of suit---Appellant / plaintiff filed suit before District Court and during pendency of the suit, Registrar Trade Marks revoked trade mark in question---Validity---Suit concerning Trade Mark was already pending before District Court, therefore revocation/ invalidation/rectification application under Ss. 73, 80 & 96 of Trade Marks Ordinance, 2001 was required to be filed before District Court or when the same was filed before Registrar, the Registrar was required to refer the same to District Court where the suit was already pending---High Court set aside orders passed by Registrar as well as by the District Court---High Court remanded the matters to Intellectual Property Tribunal and District Court for decisions afresh on application of respondent and suit of appellant / plaintiff, respectively---Appeal was allowed accordingly.

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