Trade mark means any sign, symbol, feature or get-up that is capable of distinguishing one trader's product, or service, from another's. It covers a letter, number, word, phrase, sound, smell, shape, logo, picture, aspect of packaging or any combination of these, which is used to distinguish goods and / or services of one trader from those of another.
Under section 23 the registration of a Trade Mark is prima facie evidence that it was validly registered. The burden of proof for rebutting that presumption is on those who question its validity. ….. [Bengal Oil Mills Ltd. vs. Deputy Registrar of Trade Marks PLD 1963 (WP) Karachi 920]
Dispute about trade marks should not be taken to criminal court, should be decided by Civil Court. ….. [Md. Salahuddin vs. Abdul Hakim (1983) 35 DLR 192]