Trade Marks Ordinance, 2001 — section 19

19. Raising of relative grounds in case of honest concurrent use..—_(1) Where on application for the registration of a trade mark it appears to the Registrar that there is 1 Ins. and Omitted by Act No. LVIII of 2023, s.9.

(a)an earlier trade mark in relation to which the conditions set out in sub-section

(1), (2) or (3) of section 17 obtain; or

(b)an earlier right in relation to which the condition set out in sub-section (4) of section 17 is satisfied. but the applicant proves to the satisfaction of the Registrar that there has been honest concurrent use of the trade mark for which registration is sought, the Registrar shall not refuse the application by reason of the earlier trade mark or other right unless objection on that ground is raised in opposition proceedings by the proprietor of that earlier trade mark or other earlier right.

(2)For the purposes of this section, “honest concurrent use” means such use in Pakistan, by the applicant or with his consent, as would formerly have amounted to honest concurrent use for the purposes of sub-section (2) of section 10 of the Trade Marks Act, 1940 (V of 1940).

(3)Nothing in this section shall affect

(a)the refusal of registration on the grounds mentioned in section 14; or

(b)the making of an application for a declaration of invalidity under sub-section

(2)of section 80.