KARACHI, Oct 24: The Union of Small and Medium Enterprises (Unisame) has asked the trade associations and their chairmen to consult the trade mark attorneys for Trade Mark Act interpretation.

Lately many small and medium enterprises (SMEs) have been complaining to the Unisame about delay in shipments because of interference of trade associations in branded goods shipment.

Exporters complain that most of the decisions given by the trade associations are based on their own findings regarding ownership of brands and this is causing great hardship for all category of export consignments.

In many cases exporters said that the decisions made by trade associations are biased and prejudice, thereby damaging the interest of many exporters.

The Unisame has drawn the attention of the heads of trade associations towards the Trade Mark Act and suggested that they should refrain from interfering into the legal matters as it could be challenged in the court of law.

Since the act is comprehensive and an exhaustive document, which covers all aspects of trade mark very well, therefore, it leaves no room for modus vivendi, asserted convener of Unisame Zulfikar Thaver.

“It is a perfect law covering all aspects, and gives protection, rights and remedies as well,” he added.

In a recent meeting with the officials of Trade Mark Registry headed by deputy registrar Khalid Hidayat Khan the members of Unisame raised these issues and brought to his knowledge the highhandedness of some trade associations in disallowing their export consignments.

The deputy registrar taking note of the developments explained at length the system of registration and also defined infringement and trespassing. He also defined trade mark, copyright and patent laws.

Responding to a question, he said that a trade mark travels with the product and a copyright is an artwork or design enjoying a right, a patent is an invention which is registered.

In case of patent, it is the one who comes first is considered to be the author and in case of trade mark it is the usage that matters and justifies ownership.

He further said that there are court rulings, which have to be studied, and quoting an interesting ruling he said that if a trade mark is already registered in the name of two persons then the third applicant cannot be denied for this right.

Secondly, he said that trade mark sub-committees of an association or for that matter any trade body has no right to stop export cargo on the basis of trade mark as Section 22 of the act is self explanatory. Even the customs authorities are not authorized to stop shipments in this respect.

Khalid Hidayat Khan explained that infringement takes place in the function of marketing and for export cargo the infringement, if any, takes place at the place of destination and not at the port of shipment. As a matter of fact, he said infringement is connected with sale and it is only at the intended destination which could also be changed.