A Trade Mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods.
Trade Mark law in Pakistan is governed under 2 legislations:
A patent is a grant of exclusive rights for an invention to make, use and sell the invention for a limited period of 20 years. Patents are granted for new, non- obvious product or process inventions that have an industrial application and which have not been excluded from patentability. Patentability criteria in Pakistan include Novelty, inventive step and industrial applicability.
Patent law in Pakistan is governed under 2 legislations:
There are 3 types of Patent Application filed in Pakistan:
An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two dimensional features, such as patterns, lines or colour.
Design law in Pakistan is governed under 2 legislations:
Copyright is a legal instrument that provides the creator of a work of art or literature, or a work that conveys information or ideas, the right to control how the work is used. The intent of copyright is to advance the progress of knowledge by giving an author of a work an economic incentive to create new works.
Copyright law in Pakistan is governed under 2 legislations:
A domain name is a mark which is a user friendly substitute for an Internet address.
The provisions of Trademarks Ordinance 2001 apply to domain names subject to the provisions of the Third Schedule.
A domain name if used as a source identifier may be registered as a trade mark in respect of relevant goods or services.
The applicant for registration of domain name shall show that he offers goods or services via internet using the domain name. such evidence shall be in the form of specimen showing use of the domain name as a source identifier.
Explanation – For the purposes of this para, use of a domain name shall be taken as source identifier if it is used on internet to distinguish goods or services of one undertaking from the other provided that use of a domain name as a mere directional reference, similar to use of a telephone number or business address shall not be taken as use of the domain name as a source identifier
Provisions may be made by rules for further identification and classification of computer related services associated with internet.
Notwithstanding the provisions of clause (c) of sub-section (1) of section 14, a domain name may be registered which consist of marks or indications which may serve, in trade, to distinguish the geographical origin of the goods or services.
Domain name not to be misleading as to character or significance- (1) A domain name shall not be registered if the public is liable to mislead as regards the character or significance of the mark, in particular, if it is likely to be taken to be something other than a domain name.
The Register may, accordingly, require that a mark in respect of which application has been made for registration include some indication that it is a domain name.
Notwithstanding the provisions of sub-section (7) of section 27, an application may be amended so as to comply with any such requirement.
The provisions of this Ordinance for acceptance, registration and opposition as they apply to trade mark shall also apply to the domain names.
Notwithstanding the provisions of section 32 and 33, a domain name shall be registered for a period of five years form the date of registration and may be renewed for further periods of like term, as long as, the domain name is in actual use on internet.
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