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Miscellaneous Appeal No.69 of 1979, decided on 12th May, 1986.

---Ss.6(1)(d) & 76--Registration of trade mark--Assistant Registrar refusing registration of word 'LEVI'S' on ground that it was objectionable under S.6(1)(d) of Act and 'LEVI' in its ordinary ;signification way geographical name of a village, a country and a city in foreign country and also a common-surname appearing thirty-five times in Landon Telephone Directory--Ground of refusal being not that word 'LEVI' was name of any place in Pakistan or it was a surname which was well-known in Pakistan, registration ;hereof, held, could not be refused on such grounds--Order refusing registration was set aside and Assistant Registrar, Trade Marks, was directed to proceed with application of appellant for registration of Trade Mark 'LEVI'S' in accordance with law.

Khawaja Mansoor for Fateh Ali W. Vellani for appellant.

Respondent (absent).

Date of hearing: 12th May, 1986.

This appeal has been filed under section 76 of the Trade Marks Act, 1940, by the appellant company, challenging the order, dated 31-1-1979 of the Assistant Registrar of the Trade Marks, whereby the appellant's application No.66491, dated 6-12-1977 for registration of the Trade Mark LEVI'S in Class 25 for "clothing for men, women and children, including boots, shoes and slippers", was refused. I have heard Mr. Khawaja Mansoor, learned counsel for the appellant. None -has appeared for the respondent, Assistant Registrar of Trade Marks.

2. By his impugned decision, the Assistant Registrar of Trade Marks has refused the registration of the applied Trade Mark on the ground that it was objectionable under section 6(1)(d) of the Trade Marks Act, 1940. According to the impugned decision, the word LEVI in its ordinary signification is the geographical name of a village, a country and a city in foreign country (perhaps U. K. or U.S.A.) and this word is also common surname appearing 36 times in the London Telephone Directory. It is contended by the learned counsel for appellants that on neither of these two grounds the application the appellant could have been rejected. Learned counsel referred to the provision of section 6(1)(d) of the Trade Marks Act, which, inter alia, provides that a Trade Mark shall not be registered unless it has one or more words having no direct reference to the character or quality of the goods and not being according to its ordinary signification a geographical name or surname or the name of a sect, caste or a tribe in Pakistan. Learned counsel emphasized the words "in Pakistan" appearing in section 6(1)(d) of the Trade Marks Act.

Learned counsel for appellant relied upon Hoechst Akhtiengesellschaft v. The Assistant Registrar of Trade, a judgment of the Supreme Court in Civil Appeals No. K-37 & K-38 of 1979, dated 22-9-1981. In that decision the application of an applicant for registration of the word "KALLE" was refused registration by the Assistant Registrar Trade Marks on the ground that the word "KALLE" was a geographical name being the name of a village having a population of more than five thousand and that the word applied for was also phonetically equivalent to a surname of "KELLEY"-, which appeared more than five hundred times in the London Telephone Directory. Appeal of the party was allowed by the Supreme Court observing as follows: -

"Clearly the word "KALLE" is not a word commonly understood in Pakistan and if at all, it can have only one signification, of a referring to the name of the place outside Pakistan. Since in terms of Section 6(1)(d), the prohibition relates to geographical names, in Pakistan, it appears to us that no valid objection could be raised to the registration of this word as a Trade Mark."

4. The contention of the learned counsel for the appellant is correct that the word LEVI'S could not have been refused registration on the ground that LEVI is a geographical name, that is, name of a village or country or city outside Pakistan or on the ground that the name LEVI is found 35 times in the London Telephone Directory. The ground of refusal is not that the word LEVI is the name of any place in Pakistan or it is a surname which is well-known in Pakistan. The judgment of the Supreme Court referred to earlier supports the case of the appellant. Learned counsel had also referred to an unreported decision, dated 14-4-1986 authored by me in the case of WURTTEMBERG-ISCHE PARFUMERIE Gmbh v. The Assistant Registrar of Trade Marks M.A.4/80. In that case the word MANHATTAN was objected to on the ground that it was a name of a village, city and town in U.S.A. Relying upon the aforesaid Supreme Court judgment the appeal of the applicant in that case was allowed on the ground that MANHATTAN was not the name of any place in Pakistan.

The application of the appellant could not be rejected on the ground that it was objectionable under section 6(1)(d) of the Trade Marks Act, 1940.

Miscellaneous Appeal No.69 of 1979 is allowed, the decision, dated 31-1-1979 of the Assistant Registrar of Trade Marks is set aside and the respondent is directed to proceed with the application No-66491 of the appellant for registration of the Trade Mark LEVI'S in accordance with law.

There will be no order as to costs.

M.Y.H./L-3/K Appeal allowed.

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