Section 29: Grounds of opposition

29. Grounds of opposition.___(1) The registration of a trade mark may be opposed on any of the grounds on which an application for the registration of a trade mark may be rejected under this Ordinance except the ground that the trade mark cannot be represented graphically. (2) The registration of a trade mark may be opposed on the ground that the applicant does not intend___ (a) to use, or authorize the use of, the trade mark in Pakistan; or (b) to assign the trade mark to a body corporate for use by the body corporate in Pakistan. in relation to goods, services or both specified in the application. (3) The registration of a trade mark may be opposed on any of the following grounds that: (a) the applicant is not the proprietor of the trade mark; (b) the application, or a document filed in support of the application, was amended contrary to the provisions of this Ordinance; (c) the Registrar accepted the application for registration on the basis of evidence or representations that were false in material particulars; or (d) the pre-acceptance advertisement of the application under exceptional circumstances is without sufficient cause or reason. (4) The registration of trade mark in respect of particular goods or services may be opposed on the grounds that___ (a) it is substantially identical with, or deceptively similar to, a well known trade mark, or a trade mark that, before the priority date for the registration of the first-mentioned trade mark in respect of those goods or services, had acquired a reputation in Pakistan; and (b) because of the reputation of that other trade mark, the use of the first- mentioned trade mark would cause dilution or would be likely to deceive or cause confusion. (5) The registration of a trade mark in respect of particular goods may be opposed on the ground that the trade mark contain or consists of a mark that is a geographical indication for goods originating in___ (a) a country, or in a region or locality in a country, other than the country in which the relevant goods originated; or (b) a region or locality in the country in which the relevant goods originated other than the region or locality in which the relevant goods originated. (6) The provision of clause (b) of sub-section (2) of section 17 shall remain in abeyance if the earlier trade mark application is under opposition.

Effective date: 2001-01-01

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