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ABDUL WASIM vs NTN CORPORATION Ss — 2025 CLD 50 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 CLD 50 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
CLD
Parties
ABDUL WASIM vs NTN CORPORATION Ss
Provisions referred to
S. 86; 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

ABDUL WASIM VS NTN CORPORATION Ss. 86 & 40---Well known trade mark, protection of---Infringement---Effect---Appellant (engaged in business of ball bearing and taper roller) challenged the decision of the Registrar of the Trade Marks whereby appellant's Trade Mark (NBN) was refused on the basis that Trade Mark (NTN) of the respondent was well-known---Validity---Record (impugned judgment and copies of the registration certificates of respondent) reflected that Trade Mark of the respondent (NTN) was not only registered in Pakistan but many other countries of the world---Hence, Trade Mark of the respondent (NTN) was protected under S.86 of the Trade Marks Ordinance, 2001, as a well-known Trade Mark---Letters NBN adopted by the appellant were clearly disentitled from protection because of resemblance with the Trade Mark NTN, which was Trade Mark of the respondent---Appellant was to be restrained from adopting or using the said NBN Trade Mark---Law of Trade Mark is founded on the fundamental principle of protection of consumers by restricting use of similar, identical or confusingly Trade Mark by rival entities---There was no doubt that the Trade Mark NBN was only adopted by the appellant after its proprietor considered the prior use and goodwill of the Respondent' Trade Mark NTN which was in existence for many years, not only in Pakistan but around the globe in relation to ball bearing and taper roller---No illegality or apparent error had been noticed in the impugned order passed by the Registrar of the Trade Marks---Appeal was dismissed, in circumstances.

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