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Miscellaneous Appeal No. 65 of 1978, decided on 2nd June, 1981.

Ss. 6(1)(d) & 76 read with Civil Procedure Code (V of 1908), O. XLL & S. 25‑Application for registration of trade mark‑Respondent rejecting application under S. 6(1)(d) without considering prior registration of uri1 appellant's trade mark in class 25 and question of registration or otherwise of "St. Mickel" in Pakistan in class 24 or in any other class‑Case remanded for reconsideration on such facts.

A. L. Takhur for Appellants.

Nasiruddin for Respondent.

Date of hearing: 2nd June, 1981.

This is an appeal against order dated 8‑6‑78 passed by the Registrar Trade Marks declining the appellants' application for registration of their Trade Mark "St. Mickel" for textile piece goods in class 24 on the ground that the same is hit by section 6(1)(d) of the Trade Marks Act, 1940.

Inter alia it has been urged by Mr. Thakur, learned counsel for the appellant that as a matter of fact the appellant's above Trade Mark St. Mickel has already been registered under Application No. 53913 in class 25 14 on 16‑7‑70 for ready made garments. From the order under appeal it does not appear that the respondent has taken into consideration the above fact and also the question as to whether St. Mickael an alleged Trade Mark of international repute has not been registered in Pakistan in class 24 or any other class. In my view it will be just and proper if the case is remanded back to the respondent with the direction to consider the application and also inter alia to take into consideration the following facts:

(i) What is the effect of the registration of the appellants' Trade Mark, namely, St. Mickel in class 25 against Application No. 53913 on 16‑7‑70.

(ii) Whether St. Michael an alleged mark of international repute has been registered in Pakistan in class 24 or 25 or in any other class If not what is effect.

In the circumstances of the case there will be no order as to costs.

K.M.A. Appeal dismissed.