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1999 YLR 213

COLGATEPALMOLIVE (PAKISTAN) LTD. vs GOVERNMENT OF PAKISTAN through

Citation1999 YLR 213
CourtSindh High Court
Case No.Constitutional Petition No,D-809 of 1990
Date1998-12-08
Judge(s)Ali Muhammad Baloch, Zahid Kurban Alavi
ResultOrder accordingly

ORDER

1. ' By this petition the petitioners had made a grievance that they had applied for registration of Trade-mark, the application was refused but no speaking order giving reasons was ever passed.

2. The learned counsel for the petitioner has invited our attention to the copy of the letter addressed to the Petitioner's counsel issued by the Registrar Trade-marks mentioning therein that the application of the petitioner was refused registration by the order, dated 24-1-1989. The counsel stated that he could not get the copy of this order in spite of his approach to the Registrar Trade Marks, through his application, dated 18-2-1990. This Constitution Petition has been filed thereafter, with the following prayer:--- ' PRAYER

(i) That this Honourable Court be pleased to direct the respondents to give the reasons/grounds of their decision refusing the petitioners application for registration of their Trade Mark.

(ii) That this Honourable Court be pleased to grant any other relied deemed fit and proper in the circumstances of the case.

(iii) Award costs of the petition."

3. We find that in all fairness the application refusing the registration should carry the reasons therefor so that the party could seek further relief in light of such reasons. Consequently we find that this petition could be allowed with the direction to the Registrar Trade Marks that the order, dated 24-1-1990 giving the reasons for refusal of the application may be provided to him and if the reasons have earlier not been recorded, the present Registrar should re-consider the application of the petitioner and pass speaking order. This exercise should be carried out within three months.

4. With these observations Constitution Petition stands disposed of.

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