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
Pakistan Search before filing of Trademark Application.
- Filing of Trademark Application in Pakistan’s IPO.
- Preliminary Examination by Registrar of Trademarks Pakistan.
- Hearing of the applicant/lawyer against objections of Registrar.
- Final order for Publication in Trademark Journal of Pakistan.
- Printing in Trademarks Journal of Pakistan.
- Opposition Procedure. Request to Oppose Trademark Application in Pakistan.
- Hearings of Opposition and Decision by Registrar of Trademarks Pakistan.
- Issuance of Registration Certificate by Registrar of Trademarks Pakistan.
Other matters concerning Trademarks.
- Renewal of the Trademark Registration.
- Post Registration matters which may include Trademark Litigation in Pakistan Courts or Possible Trademark Infringements.
- Pakistan Rectification Procedure in case of error/change in Trademark Logo.
Trademark registration in Pakistan: Main Highlights ad Requirements
- 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.
- 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.
- 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.
- PAKISTAN NATIONAL TRADEMARK REGISTRATION: If you just want to register your Trademark in pakistan, it is sufficient to apply for a national registration.
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:
- Trademark Search Pakistan
- Pakistan Trademark Application
- Representation before Trademarks Registrar in Pre and Post examination hearings.
- Trademark Publication Pakistan in Trademark Journal
- Procuring Copy of Pakistan Trademark Journal.
- Trademark Registration and Procuring Trademark Certificate from IPO, Pakistan
- Trademark Renewal in Pakistan
- Trademark assignment and Litigation in Pakistan
- Trademark Enforcement and Protection in Pakistan
- Complete Trademark Application handling upto Registration and possible Infringement Litigation.