317/2003 M.A. Shezan Services (Pvt) Limited (Appellant) V/S Shezan Bakers & Confectioners (Pvt) Ltd (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
317/2003 M.A. Shezan Services (Pvt) Limited (Appellant) V/S Shezan Bakers & Confectioners (Pvt) Ltd (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 14-MAY-18
The interpretation of subsection 2 of Section 10 of Trademark Act, 1940, in view of the above, cannot be restricted to a simple concurrent use irrespective of any agreement. Use of trademark under the agreement is not only permissive use but conclusive rights were being delegated and hence the use is concurrent to the use of the inventor. The subject use thus would come within honest concurrent use under the circumstances described in the agreement. It is inconceivable that the appellant would enjoy the consideration of a rental premises if the right of trademark is excluded. Certainly the consideration was for a particular territory i.e. Lahore division which was taken care of by the Registrar