200/2020 Suit M/s Sadiq & Suharwardy (Plaintiff) V/S Ismail Industries Limited (Defendant)
Bench: Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)
200/2020 Suit M/s Sadiq & Suharwardy (Plaintiff) V/S Ismail Industries Limited (Defendant) Sindh High Court
Bench: Hon'ble Mr. Justice Jawad Akbar Sarwana(Author) Order Date: 10-JAN-24
These ten trademark suits currently pending in the High Court are disposed of in three different manner following the Judgment of the Supreme Court of Pakistan in the case of Muhammad Multazam Raza v. Muhammad Ayub Khan, 2022 SCMR 979 in paragraph 12 and the enactment of the Trade Marks (Amendment) Act, 2023, on 11.08.2023. The three actions on the part of the High Court depend on the category of trademark dispute: Category A - Suits for infringement currently pending in the High Court and filed prior to 29.12.2015 may be transferred to the IP Tribunal forthwith (Category ???A???). Category B - trademarks suits filed after 29.12.2015, currently pending in the High Court, the Plaint in such suits must be returned (Category ???B???) as High Court lacks jurisdiction to hear the same. Finally, in cases involving a Suit connected with a J. Misc. Application involving either Section 73(4) [an application for revocation], Section 80(4) [an application for declaration of invalidity], Section 96(2) [an application for rectification], etc, the High Court may retain jurisdiction and proceed with deciding both Suit and J. Misc.