TRADEMARK REGISTRATION IN PAKISTAN

PAKISTAN TRADEMARK / BRAND NAME /LOGO SEARCH, APPLICATION & REGISTRATION
Before understanding Trademark Registration process in Pakistan, it is important to understand what a trademark actually is and what rights it bestows? A trademark or trade mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.
As per the rest of the world in Pakistan, trademark is a type of intellectual property and thus registerable, and typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. Therefore trademark registration is an important step towards safeguarding your Brandname.

The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, such as the well known characteristics of celebrities. When a trademark is used in relation to services rather than products, it may sometimes be called a service mark . Service TradeMarks are also registerable in Pakistan.

The essential function of a trademark is to exclusively identify the commercial source or origin of products or services, such that a trademark, properly called, indicates source or serves as a badge of origin. In other words, trademarks serve to identify a particular business as the source of goods or services. The use of a trademark in this way is known as trademark use. Certain exclusive rights attach to a registered mark, which can be enforced by way of an action for trademark infringement, while unregistered trademark rights may be enforced pursuant to the common law tort of passing off.

It should be noted that trademark rights generally arise out of the use or to maintain exclusive rights over that sign in relation to certain products or services, assuming there are no other trademark objections.

CLASSIFICATION OF  TRADEMARKS IN THE WORLD AND PAKISTAN

Different goods and services have been classified by the International (Nice) Classification of Goods and Services into 45 Trademark Classes (1 to 34 cover goods, and 35 to 45 services) also known as the Geneva classification. Pakistan follows this system of Trademark Classification as it is also a signatory to this Trademark related Geneva Accord. The idea of this system is to specify and limit the extension of the intellectual property right by determining which goods or services are covered by the mark, and to unify classification systems around the world. Registeration of Trademark in any member state of geneva convention also gives priority registration rights to the trademark applicant.

TRADEMARK LAW AND LEGISLATION REGULATING PAKISTAN TRADEMARK REGISTRY AND PROTECTION

Trade Marks Registry is working under the administrative control of Intellectual Property Organisation of Pakistan. The main function of the Registry is to grant protection of trade marks relating to both goods and services through registration under the Trade Marks Ordinance 2001 and Trade Mark Rules 2004. The Trade Marks Registry works like a Civil Court. The Registrar of Trade Marks hears and decides the cases relating to registration, post registration, opposition and rectification matters.

THE STEPS/PROCESS FOR TRADEMARK REGISTRATION IN PAKISTAN

  1. Pakistan Search before filing of Trademark Application.
  2. Filing of Trademark Application in Pakistan’s IPO.
  3. Preliminary Examination by Registrar of Trademarks Pakistan.
  4. Hearing of the applicant/lawyer against objections of Registrar.
  5. Final order for Publication in Trademark Journal of Pakistan.
  6. Printing in Trademarks Journal of Pakistan.
  7. Opposition Procedure. Request to Oppose Trademark Application in Pakistan.
  8. Hearings of Opposition and Decision by Registrar of Trademarks Pakistan.
  9. Issuance of Registration Certificate by Registrar of Trademarks Pakistan.

Other matters concerning Trademarks.

  1. Renewal of the Trademark Registration.
  2. Post Registration matters which may include Trademark Litigation in Pakistan Courts or Possible Trademark Infringements.
  3. Pakistan Rectification Procedure in case of error/change in Trademark Logo.

Trademark registration in Pakistan: Main Highlights ad Requirements

  1. A trademark application has to be filed before the Trademarks Registry by a local agent. A notarized power of attorney is necessary. Foreign applicants do not need a domestic registration.
  2. TRADEMARK PROCESS TIME IN PAKISTAN: The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. It takes approximately 2 years from first filing to registration. Before registration the trademark application is published in the monthly “Trademarks Journal”. The opposition period is 2 months from publication date of the application.
  3. TRADEMARK DURATION TIME IN PAKISTAN:A trademark registration in Pakistan is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.
  4. PAKISTAN NATIONAL TRADEMARK REGISTRATION: If you just want to register your Trademark in pakistan, it is sufficient to apply for a national registration.

M&M SERVICE

If you have established a brand name or just commenced working on a unique brand or idea and fear that someone may steal it, preserving your right is the best way forward and Masood & Masood may help you in holding down those potential theives to this invaluable intangible asset. We may be able to assist in all phases of your trademark application in Pakistan which includes:

  1. Trademark Search Pakistan
  2. Pakistan Trademark Application
  3. Representation before Trademarks Registrar in Pre and Post examination hearings.
  4. Trademark Publication Pakistan in Trademark Journal
  5. Procuring  Copy of Pakistan Trademark Journal.
  6. Trademark Registration and Procuring Trademark Certificate from IPO, Pakistan
  7. Trademark Renewal in Pakistan
  8. Trademark assignment and Litigation in Pakistan
  9. Trademark Enforcement and Protection in Pakistan
  10. Complete Trademark Application handling upto Registration and possible Infringement Litigation.

Comments (28) on “TRADEMARK REGISTRATION IN PAKISTAN”

  6. Dear Sir,
    I have completed my professional degree in Business Administration. I have a family business of MARBLE factory, In this regard we have one showroom named as AL Faisal Chips and Marble for last 25 years in the city of Chakwal, this business name is not a registered trademark till now.

    On the other hand we have a MARBLE FACTORY name as SAMMAR MARBLE FACTORY in the premises of Small Industries area for last 8 Years. This marble factory is a registered under the small industries department. This marble factory registration number is 1.

    As i discussed that i have competed my professional degree in business so that i want to handle this business through proper professional approach.For this purpose, i need some useful guideline to register my business. Is it possible to handle my both business i.e (al faisal chips and marble store and sammar marble factory) under one unique name such as traders, trading company or corporation etc or suggest any other name. My suggested name is AZIZ & SONS………….

    For this business issue i need some useful information for the requirements of such registration as traders, trading company or corporation etc. Your immediate and positive response will be highly appreciated

    Thanking in Anticipation

    Regards,

    Reply

  8. Can we trademark a name or phrase e.g. “ABC/XYZ Pvt. Ltd.” without formally registering a company with SECP as Pvt. Ltd. limited by shares.

    Reply

  10. Dear Sir,
    Kindly tell me how I can register my Trade mark of material and also tell me how can I Regd. my firm along with their process fee + your processing fee.

    arif saleem butt

    Reply

  15. Kindly send me the quote for trademark registration. Also confirm if registering a business is necessary before applying for trademark registration in Pakistan

    Reply

  17. Dear Sir,
    Kindly tell me how I can register my Trade mark as machinery manufacturer and also tell me how can I Regd. Please tell me your processing fee.

    Qais Mehmood

    Reply

    1. We will charge PKR 42000/- for the complete process including governmental fees payable in three steps over 2 years which is tentative registration period.

      Reply

Leave a Reply

Your email address will not be published. Required fields are marked *