Trade Marks Ordinance, 2001 — section 73

73. Revocation of registration..—_(1) The registration of a trade mark may be revoked on any of the following grounds, namely:

(a)that within the period of five years following the date of completion of registration procedure it has not been put to bona fide use in Pakistan by the proprietor or by an authorised user thereof, in relation to the goods or services for which it is registered and there are no proper reasons for its non-use;

(b)that the bona fide use has been suspended for an uninterrupted period of five years and there are no proper reasons for its non-use;

(c)that in consequence of acts or inactivity of the proprietor. it has become the common name in the trade for a product or service for which it is registered; and

(d)that in consequence of the use made of it by the proprietor, or with his consent in relation to the goods or services for which it is registered, it is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services.

(2)For the purpose of sub-section (1), use of trade mark shall include use in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered.

(3)The registration of a trade mark shall not be revoked on the grounds specified in clause

(a)or (b) of sub-section (1), if such use, as it referred to in those clauses, is commenced or resumed after the expiry of the five years’ period and before the application for revocation is made: Provided that any such commencement or resumption of use after the expiry of five years period but only three months before the application for revocation is made, shall only be regarded if the preparation for commencement or resumption began before the proprietor became aware that the application is made.

(4)An application for revocation may be made by an interested party to the Registrar, except that

(a)if proceedings concerning the trade mark in question are pending in the High Court 1[* * *], the application shall be made to the High Court 1[* * *]; and

(b)in case the application is made to the Registrar, he may at any stage of the proceedings refer the application to the High Court 1[* * *].

(5)Where grounds for revocation exist in respect of only some of the goods or services for which the trade mark is registered, revocation shall relate to those goods or services only.

(6)Where the registration of a trade mark is revoked to any extent, the rights of the proprietor shall be deemed to have ceased to that extent as from

(a)the date of the application for revocation; or

(b)if the Registrar, 1 [or the High Court] is satisfied that the grounds for revocation existed at an earlier date, that date.

(7)Where the registration of a trade mark is revoked or declared invalid on the ground that the registration was secured in bad faith, the applicant shall be barred from applying for registration of the identical or similar trade mark for two years from the date of revocation or invalidation, whatever her the case may be.