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AL-KARAM TEXTILE MILLS LTD. THROUGH DULY AUTHORIZED OFFICER versus MEHTAB CHAWALA

Sections 21, 22, 25 and 26 of the Civil Procedure Code (v. 1908), OXXX, RR 1 and 2, claim that he had adopted and used trademarks on the dispute trade. The applicant's case was that the defendants had uniformly and unambiguously adopted a similar mark, which in particular and generally led to confusion and fraud among the defendants' users. The trademark and applicant were doing the same thing before they entered the field. The defendants claimed that even the applicant had been dealing with them since 2002, but no one from the applicant had ever been in that regard. The objection was not raised and the defendants alleged that the applicant had copied the trademark in question and before the applicant succeeded in obtaining his registration through a false statement, the applicant had entered the trademark in question. Was also subject to the limitations contained in the Section 21 Trademarks Act, 1940 and Therefore, it cannot be argued that since the applicant filed a case when the trademark ordinance was in the field in 2001, the trademark had the right to be adopted in question. The facts that the rights obtained by the parties were the trademarks. Act, 1940 and such rights will continue to operate under the Successor Trademark Ordinance, 2001, in the absence of an error, an injunction may be issued. Do not interfere power of attorney advocate Dera Murad Jamali lawyer