Trademarks, the most visual of all Intellectual Property rights, is often a business’ most valuable asset. We advise on trademark selection, registration and enforcement, and manage our clients’ international trademark portfolios. We provide services for trademarks searches, application filings acceptance & registrations, maintenance, renewals, post registration, obtaining trademark registration globally, auditing trademark portfolios, legal actions, hearings, filing and defending oppositions or rectification proceedings before Trademark Registry, Pakistan and Hon’ble Courts of Pakistan.
Trademark is a word, phrase, symbol or design or any combination thereof, that recognizes and differentiates the goods and the source of goods of one manufacturer/trader from the other. The ordinance defines trademark as any mark capable of being represented graphically which is capable of distinguishing Goods or services of one from another.
Service mark, word, shape, logo, symbol, collective, series and certification mark, should be dissimilar and different from others’ mark.
Registration and protection of trademark globally is tremendously important that brings great benefits to your business/trades/services which include; notice to claim any other business trying to use the same trade mark, legal presumption of ownership & exclusive rights to use the trade mark and attach the identity with the produced goods, prima facie evidence of ownership and from infringement of rights our your registered trademark.
Following are the basic requirement for the registration of trademark in Pakistan;
Request for registration of a trademark;
Full name, nationality & complete business address of the applicant;
Statement of Goods or services for which the registration is being sought.
Separate application to be submitted for separate class as per international classification of goods or services;
Representation of the trademark;
Power of Attorney duly signed by authorized signatory and notarized by notary public.
For priority claim, application can be filed by person who has made “Convention Application” within six months from the date.
Search for the trademark is conducted by filing form TM-55 with description of required trademark to ensure that the trademark is distinguished. Trade mark Registry Officers search for the trademark.
An application for the registration of the trademark is filed in Form TM-1 & TM-2 with the list of goods and services.
The examiner examines the application which takes 12 months. After the prescribed period, the examiner raises objections if any and notifies the applicant to file reply within two months.
Upon reply of the objections, if the examiner is satisfied, the mark gets approved for the advertisement. In case of no satisfaction, the applicant will be called for hearing. In conclusion, the registrar may order to make amendments to the applicant’s mark to approve.
Once, all the objections on the marks are satisfied, the trademark registry approves to advertise the mark in the trade mark Journal, which is open for general public to invite oppositions, if any, before the registration of the said mark.
In case of no oppositions, the trade mark gets registered.
Laws and rules:
Trademark Ordinance, 2001.
Trademark Rules, 2004.
Duration & renewal:
The term of the trade mark is ten (10) years from the date of filing. Once the trademark is registered and certified, the applicant has to renew it after every 10 years.
International Trademark registration:
A.A. Associates offers the services of International Trademark Registration.
A. A & ASSOCIATES – Pakistan’s leading IP Law firm