ISLAMABAD: The Supreme Court has ruled in favor of popular jam and jelly maker Shazen Services in a trademark dispute that began in 1988 after another firm applied for permission to use the brand for its bakery products. Had happened.
A two-judge bench of Justice Kazi Faiz Isa and Justice Yaha Afridi on Friday disposed of an appeal filed by Sheezhan Services (Pvt) Ltd against Shezzan Bakers & Confectioners (Pvt) Ltd – the owner of a chain of restaurants and bakeries. Huh. Lahore.
The top court had on February 10 reserved its verdict on a petition moved by Shezan Services, represented by Sultan Ahmed Sheikh.
Hassan Irfan Khan appeared for the respondent – Shezan Bakers & Confectioners.
The legal dispute spanned 33 years to December 29, 1988, when Schezon Bakers filed an application with the Registrar of Trade Marks seeking registration of the trademark ‘Shezan’ in their name. The firm intended to use the name for its patties, cheese straws, chicken sandwiches, chicken spring rolls and many other items.
The application was eventually published in the Trade Marks Journal.
The registrar advertised the application in the magazine for the purpose of inviting protest. Schezon Services did this under the Trade Marks Act of 1940.
Written by Justice Kazi Faiz Isa, a 10-page judgment allowed the appeal and set aside the order of the Sindh High Court (SHC) dated May 14, 2018, which had dismissed the petition with an observation, Were this the only permissible use case, the appellant would have claimed royalty for the continued use of the word “trademark”.
The apex court’s decision was clear in declaring that Shezan Bakers & Confectioners was not the owner of the word ‘Shezan’ and had not registered the trademark Shezan.
Instead, Shahnawaz Limited was the owner of the label ‘Shezan’ and was the first to register the name on September 30, 1958, 30 years before the respondent applied for registration, the order said.
The trademark Shezan is being held by the appellant (Shezan Services) with effect from 30th September, 1958. There was a specificity in the trademark, the bench said.
Schezon Services argued that the trademark Schezon was their home mark as the entity was an internationally known jam and jellies company.
The company is also the owner of several hundred trademarks registered in Pakistan. Some of them are also registered abroad.
The company argued that the term schezanne, as well as the label, in relation to jams, marmalade and jellies had been duly registered.
The trademark Shezan was originally registered in the name of Shahnawaz Limited, but that company later assigned this trademark in favor of Shezan International.
The petitioner further argued that due to continuous and widespread use under the label of Shezan, it has become very popular in the country.
The company accused Shezan Bakers of copying the trademark Shezan for its bakery and confectionery products.
In their turn, Shazen Bakers presented a copy of a settlement dated February 19, 1975. The petitioner objected that the settlement was executed by a third party.
In addition, Schezon Services argued, Shazen Bakers was permitted to run two restaurants in Lahore, namely Oriental Restaurant and Continental Restaurant.
The petitioner submitted that the settlement did not confer any right on the bakers.
Published in Dawn, June 18, 2022