1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal is sought in these two petitions arising out of a dispute regarding registration of a Trade Mark, namely, "Bubble-Up" from and against the acceptance by the High Court, of appeals of respondent No,1.
2. ' As stated by the learned counsel the petitioner Company is an assignee of the Bubble-Up Inc. USA.
3. That a Pakistani Company; namely, The Pakistan Beverages Limited was using the trade mark in dispute for some time as authorised user; and when the petitioner made application for registration of the trade mark the respondent No,1. Namely, Seven-Up Company of United States raised several objections to the said registration. They were overruled and the petitioner's application for registration was allowed.
4. ' On respondent's appeals the High Court set aside the order of Registration, mainly, on the ground that the petitioner was neither using nor had any bona fide intention for using the trade mark in future. As assumed by the High Court the use of the trade mark by the Pakistani Company allegedly as authorised user, was since April 1984 while the agreement between that Company and the petitioner was of 1966. Therefore, on these assumptions of facts it was concluded that there was no previous user by the petitioner or by the Pakistani Company as its authorised user. As the learned counsel explained, another similar consideration weighed with the High Court, the question of similarity of two trade marks 'Bubble-Up' and 'Seven-Up' was not determined against the petitioner.
5. After hearing the learned counsel we consider it a fit case to examine; inter alia; whether the petitioner had not previously used the trade mark in question and or that they had no bona fide intention to use it in future; whether, the High Court did not commit an error discoverable on the face of record when assuming that the agreement between the Pakistani Company and the petitioner was of 1966--according to learned counsel it was of a date prior to the authorised user, of the trade mark by the Pakistani Company; and other related questions as well as those raised in these petitions. Leave to appeal, accordingly, is granted.
6. ' Security--Rs,5,000 in each case.
7. ' The appeals shall be prepared on the present record with direction to the parties to file all additional documents which would be necessary for disposal of appeals.
8. ' Notice to the respondents for a very early date regarding the request made by the petitioner for suspending the effect of the High Court judgment.