1. ' Appellant is a pharmaceutical company engaged in the manufacturing of medicines. The appellant introduced a new drug for the treatment of diabetes insipidus, as such the appellant applied for registration of trade mark of a distinctive word "DDAVP" in Class 5. The respondent rejected the application vide impugned order dated 15-9-1991 hence the present appeal has been filed.
2. ' Mr. Abdul Hameed Iqbal learned counsel for the appellant submitted that the perusal of the impugned order indicates that the application for registration has been refused on the ground that the appellant was unable to quote a single instance of a trade mark where the word had "DD" in the beginning. As such the respondent came to the conclusion that the public was not accustomed to such word and would not be able to pronounce the name, hence the registration was refused.
3. ' Mr. Iqbal submitted that the relevant law does not contain any mandatory condition that the application for registration of trade mark should contain only those words to which the public is accustomed. On the other hand, Mr. Iqbal contended that the uncommon words would be retained in the memory of the public who could easily distinguish uncommon trade mark from the trade marks for which common words are used Mr. Iqbal also placed reliance on Supreme Court (sic)
4. Journal July 1992, wherein the following trade marks have been advertised under section 15/I of the Trade Marks Act. It contains words "ZZAPPIT', "ZZAPPIr at serial No,110497 and 110498, respectively.
5. ' No one appeared for the respondent. After considering the submissions of Mr. Iqbal, I am of the view that no strong reason has been given in the impugned order for refusing the registration of the trade mark. As such the present appeal is allowed and the impugned order dated 15-9-1991, is hereby set aside. The respondent is directed to proceed with the registration of word "DDAVP" as a trade mark under Application No,98070 in Class 5 by accepting and advertising the application of appellant in the trade Marks Journal. The parties to bear their own costs.