ISLAMABAD: Directorate-General Intellectual Property Rights (IPR) Director-General Dr. Arslan Subuctageen said that on information of Customs Dry port Peshawar the IPR Enforcement seized huge consignment of contraband dry battery cells of Tonosheba brand which is deceptively similar to the registered trade mark of Toshiba Japan.
According to details, an information of copyright violation was received by Peshawar Dry Port that huge quantity of battery cells bearing trade mark of Tonosheba is under clearance process at the Dry Port Peshawar. The consignment of 2.3 million of battery cells was seized by the Directorate of Peshawar under Customs Rule 678(l)(ix) of 2001 in relation to the right-holder for international class 28.
After getting the initial information, IPR informed the Toshiba Tokyo about the import of infringing goods in Pakistan whereas it also asked the representative of the Peshawar based local company who imported the infringed battery cells for providence of any counter reply in the case which could prove that Tonosheba is a valid IPO registration brand of battery cells but he could not provide any valid evidence.
Dr. Arslan told Customs Today that the right-holder of Toshiba dry cells company provided documentary evidences on being the registered property of the trademark in Pakistan whereas the owner of the brand name Tonosheba failed to provide any evidence, adding that the gist of the pleading by the right-holder was that it enjoyed exclusive rights in Pakistan and that Tonosheba is deceptively similar to it as such Tonosheba constitutes infringement of its trade mark Toshiba by being deceptively similar to the latter. He said that the right-holder established its credentials to the proprietorship of trade mark Toshiba within the meaning of section 2(xxxiv) of the trade mark Ordinance 2001 and pressed its exclusive claim to the said trade mark in terms of 39 ibid.