ORDER SHEET
IN THE HIGH COURT OF SINDH,
KARACHI
M.A. No.40 of 2018
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Dated: Order with signature of
Judge(s)
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1. For order on office objection as at “A”
2. For order on CMA No.6170/2018
3. For hearing of main case.
4. For order on CMA No.6171/2018
13.08.2018
Mr. Abdur
Rehman, advocate for appellant.
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1) Deferred
for the time being.
2) Exemption
granted subject to all just exceptions.
3&4) Per
learned counsel for the appellant, the appellant being aggrieved and
dissatisfied with the order dated 26.03.2018 passed by the respondent No.2
files this Appeal. Learned counsel for the appellant submits that in support of
the application the appellant filed affidavit of Ms. Geraldine Tahsin, the Head
of Trademarks of Norgine Limited, an affiliate of the appellant. Learned
counsel for the appellant has referred to letter dated 08th May,
2013 enclosed as annexure “D” at page-121 with Memo of Appeal in MA No.39/2018 sent
to the respondent No.2 in reference of the Co-Opposition No.1264/2012 wherein
it was stated that duplicate and a scanned copy of the duly signed and
notarized affidavit-in-evidence of the Opponent under Rule 30(5) of the Trade
Marks Rules 2004 is enclosed. Thereafter, at the request of respondent No.1 the
Co-opposition No.1264/2012 was linked with opposition No.875/2015 (Opposition
of this Appeal). Learned counsel has also relied upon Rule 30(5) of the Trade
March Rules 2004, which reads as under:-
Rule 30(5); Within two months from the receipt of a copy of
counter-statement or within such further period as the Registrar may allow, the
person opposing the application shall file such evidence by way of statutory declaration
or affidavit, as he may consider necessary to adduce in support of his opposition
and shall send a copy thereof to the applicant”.
Per learned counsel for
the appellant the impugned order passed by the respondent No.2 is contrary to
the record already available with the respondent No.2. Issue notice to the
respondents for 28.08.2018. Till next date of hearing, impugned order passed by
the respondent No.2 shall remain suspended.
JUDGE