1. This Appeal under section 76 of the Trade Marks Act is filed by the appellant against the decision of the Registrar dated 20th December, 1984, whereby he refused to register the trade mark "Hyde Park" applied for registration by the appellant under No.77925 in respect of tobacco products under clause 34. Learned counsel for the appellant has cited the case of I larrods Limited reported in 52 P.P.C. 65 in which the mark 'Hyde Park' in relation to cigarettes was allowed registration under Part B of the English Act. In addition to it learned counsel has also drawn my attention to the case of M/s. Wurttembergische Parfumerie v. The Assistant Registrar of Trade Marks PLD 1986 Kar. 371 decided by a learned Single Judge of this Court wherein registration of trade mark "Lady Manhattan" which was refused by the Registrar on the ground that Manhattan is a name of a village and a place and as such not liable to registration in view of provisions of section 6(1)(d) of the Trade Marks Act was allowed relying on the case of Hochest Aktiengesell Schaft v. The Assistant Registrar of Trade Marks decided by the Supreme Court of Pakistan in Civil Appeal Nos.K-37 and K-38 of 1979 dated 22-9- 1981. In both the above-cited cases it has been held that the geographical name which is prohibited for registration under section 6(1)(d) should be one relating to Pakistan. I am bound A by the decision given by the Supreme Court in the above case in Appeals No.K-37 and K-38 of 1979 and, therefore, I hold that the objection of the Registrar refusing to register `Hyde Park' as a trade mark was not in accordance with law. It may also be mentioned here that in addition to the above consideration the learned counsel also rightly pointed out that 'Hyde Park' is not a place which is populated or which has any population or commercial value so as to bring it within the definition of a geographical name as contemplated under the Act.
2. For the aforesaid reasons the appeal is allowed. The Registrar is directed to proceed with the application for registration of the appellant in accordance with law. 'There will be no order as to costs.