Pakistan Case LawMessrs K.S.B. ELECTRICAL INDUSTRIES Versus Messrs K.B.S. (PUMPS) COMPANY
This matter concerns a petition for leave to appeal against a High Court judgment that affirmed the Registrar of Trade Marks' decision to reject the petitioner's application for the registration of the trademark 'KSB'. The respondent-company, the registered owner of the 'KSB' trademark for water pumps and related electrical apparatus, successfully opposed the petitioner's application for the same mark, intended for use on electric fans and desert coolers. The Registrar found that the petitioner's adoption of an identical mark for goods of a similar description was likely to cause confusion and deception among the public and purchasers, amounting to passing off. Furthermore, the Registrar determined that the petitioner was not entitled to the benefits of honest concurrent use under the relevant statute, characterizing the adoption as mala fide. The High Court upheld these findings, concluding that customers would likely be misled into believing the petitioner's goods were manufactured by the respondent. The Supreme Court, finding no infirmity in the concurrent findings of fact, refused leave to appeal.
- Does the adoption of an identical trademark for goods of a similar description constitute grounds for rejection of a registration application?
- Can an applicant claim the benefit of honest concurrent use under the Trade Marks Act 1940 if the adoption of the mark is found to be mala fide?
- Is the likelihood of confusion among the general public a sufficient basis to deny the registration of a trademark?
ORDER
SAAD SAOOD JAN, J.---The respondent-company is the registered owner of a trade mark comprising the letters `KSB' in respect of water pumps of different natures, scientific and nautical surveying electrical apparatus and instruments. The petitioner-company which manufactures electric fans and desert coolers applied for the registration of the trade mark comprising the same letters. The respondent-company opposed the petitioner-company's application. The Registrar rejected the application of the petitioner-company with the findings:--
"In view of above discussion I have come to the conclusion that the adoption and use by the applicant an identical Trade KSB in respect of goods of same description is likely to cause confusion and deception amongst the general public, purchasers and trade. The Mark KSB if used by the applicant would be passed off as for the trade mark of the opponent. The applicant is also not entitled to be given benefit under section 10(2) of the Trade Marks Act, 1940 because there is no honest concurrent use of trade mark and adoption by applicant of an identical trade mark is entirely mala fide and dishonest."
2.From the order of the Registrar, the petitioner-company preferred an appeal before the High Court. A learned Single Judge dismissed the appeal after affirming the findings of the Registrar and holding that there was every possibility of a customer to gain the impression that the goods of the petitioner-company had been manufactured by the respondent-company. The petitioner- company seeks leave to appeal from this Court.
3.After hearing the learned counsel for the petitioner we are not persuaded that the findings of fact recorded by the Registrar and affirmed by the High Court suffer from any infirmity. Leave is refused.
Judges on this bench
- Muhammad Afzal Zullah3,959 judgments