Trade Marks Ordinance, 2001 — section 17

17. Relative grounds for refusal of registration..—_(1) A trade mark shall not be registered if it is identical with an earlier trade mark and the goods or services, for which the trade mark is applied for, are identical with the goods or services for which the earlier trade mark is registered.

(2)A trade mark shall not be registered because

(a)it is identical with an earlier trade mark and is to be registered for goods or services similar to those for which the earlier trade mark is registered; or

(b)it is similar to an earlier trade mark and is to be registered for goods or services identical with or similar to those for which the earlier trade mark is registered, and there exists a likelihood of confusion on the part of the public which includes the likelihood of association with the earlier trade mark.

(3)A trade mark which

(a)is identical with or similar to an earlier trade mark; and

(b)is to be registered for goods or services which are not similar to those for which the earlier trade mark is registered, shall not be registered if, or to the extent that, the earlier trade mark has a reputation in Pakistan and the use of the later mark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute or the earlier trade mark.

(4)A trade mark shall not be registered if, or to the extent that, its use in Pakistan is liable to be prevented

(a)by virtue of any law, in particular, the law of passing off, protecting an un registered trade mark or other mark used in the course of trade; or

(b)by virtue of an earlier right other than those referred to in sub-section (1), (2) and (3) or clause (a) of this sub-section, in particular by virtue of the law of copyright design right or registered designs.

(5)Nothing in this section shall prevent the registration of a trade mark where the proprietor of the earlier trade mark or other earlier right consents to the registration.

(6)Where separate applications arc made by different persons to be registered as proprietors respectively of trade marks which are identical or nearly resemble each other, in respect of the same goods or description of goods, 1[or services or description of services] the Registrar, if thinks fit, may refuse to register any of them until their rights have been determined by the High Court 1[* * *].