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:
- Trade Marks Ordinance 2001
- Trade Marks Rules 2004.
Procedure
- As soon as the application is filed it needs to be examined by the Registrar of Trademarks, which usually takes 12 months. After this period the Registrar may raise objections. Once this objection is filed, the applicant is then notified to respond back within 2 months of that notice.
- Once the Registrar is satisfied with a written reply of the notice of objection, he/ she may approve the mark for advertisement. However, if the reply is not satisfactory then the applicant/ representative will be called in for a hearing. At the conclusion the Registrar may point out any other amendments to the applied mark in order for it to be approved.
- Once the mark is cleared from all objections from the Trademarks Registry, it proceeds for advertisement in the Trade Marks Journal. The Trademark Journal is open to the public and the purpose of advertisement is to invite any opposition to registration of the mark from any third parties.
- In case of no opposition, the mark is then said to be registered.
Flowchart
Requirements
- Full name, nationality, trading style (if any) and full business address of applicant.
- List of goods or services in respect of which registration is sought for. Separate applications have to be filed for goods or services falling in different classes.
- Transliteration and translation of non-English words if appearing in the mark.
- For device/label mark, 15 prints of the mark.
- First date of use of the mark in Pakistan, if used.
- Power of Attorney duly signed by authorized signatory of applicant at two places (indicated thereon) at least before a Notary Public.
- In case of claiming priority, application can be filed by a person who has made “convention application”, within six months from the date on which the convention application was made. The documents of priority can be filed either with application or within three months from the date of application in Pakistan.
Trade Marks Services We Provide:
- Trademark Searches
- Application Filings
- Legal Actions
- Hearings
- Oppositions
- Acceptance & Registration
- Renewals
- Post Registration
- Appeal in Superior Courts
- Trademark Journal Watch Services
Recognitions
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