21. The learned counsel for Himont referred to Royal PVC (Pvt.) Ltd. through Authorized Officer v. Registrar of Trade Marks and another (2011 CLD 833) which was a case concerning application under Section 73 of the Ordinance for the revocation of the trademark. It was held in this judgment that the application ought to be filed with the Registrar and the only exception which allows the filing of such an application before the High Court if proceedings were already pending with the High Court. This precedent can be cited as a complete answer to the arguments raised by the learned counsel for the applicant that the applicant has a choice to file the proceedings either before the High Court or before the District Court. Messrs H & B, General Trading Company through Director v. Messrs International Marketing Company through Proprietor and 2 others (2009 CLD 1028) is a Division Bench judgment of the Karachi High Court which held that proceedings under Section 73 and 80 of the Ordinance require such proceedings to be filed before the forum where proceedings concerning the trademark is already pending. This judgment is on all fours with the facts in the instant application and primarily supports the findings rendered in the instant application. The Division Bench came to the conclusion that all such proceedings must be decided by the same forum and this was based on sound principles of administration of justice and judicial governance and proceeded thereafter to return the application to be filed at the proper forum. The appeal before the Division Bench arose out of a judgment of the Single Bench of the Karachi High Court reported as 2009 CLC 354 which substantially arrived at the same conclusion which was affirmed by the Division Bench.
Part of judgment
IN THE LAHORE HIGH COURT LAHORE JUDICIAL DEPARTMENT
Civil Original (Civil)
751-10
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