Trademarks

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A Trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods or services of one entity to others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods.

Trademark laws in Pakistan:

  • Trade Marks Ordinance 2001 and,
  • Trade Marks Rules 2004.

Requirements:

Filing Requirements of Trademark/Service Mark Application:

  • Full name and address of the Applicant.
  • Specification of goods or services specified in terms of individual names.
  • Class; International Class of goods and services.
  • Mark-character, device, figure, three-dimensional mark, logo and/or colour.
  • Confirm whether the mark is in use in Pakistan or proposed to be used. Period of use.
  • Details of Convention Priority, if any- first filed country, filing number and date; the term of priority is six (6) months.
  • A certified copy of the application which is the basis of the Convention priority (if applicable) may be filed within three (3) months from the Pakistani filing date.
  • Power of Attorney (Notarized).

Search:

  • Mark to be search
  • Classes or goods to be searched

Recording an Assignment:

  • Power of Attorney (Notarized)
  • Deed of assignment executed by both parties (Notarized)

Recording a License Agreement:

  • Power of Attorney (Notarized)
  • License agreement (Notarized)

Recording a Merger:

  • Power of Attorney (Notarized)
  • Merger document (Notarized).

Recording Change of Name:

  • Power of Attorney (Notarized)
  • A notarized certificate proving the change of name or address issued by the local competent authority of the applicant’s domicile.

Recording Change of Address:

  • Power of Attorney (Notarized)
  • A notarized certificate proving the change of name or address issued by the local competent authority of the applicant’s domicile.

For obtaining a Certified Copy of TM Registration:

  • Trademark registration number and class

We provide the following Trademarks Services:

  • Trademark Searches
  • Application Filings and prosecution
  • Hearings
  • Acceptance & Registration
  • Renewals
  • Trademark Journal Watch Services
  • Opposition matters
  • Litigation

FAQ:

Q1: How long does it take to conduct a trademark search?

5 -7 working days.

Q2: Does Pakistan use the international classification?

Yes.

Q3: Are there any goods or services for which the mark cannot be registered?

No.

Q4: Does the specification of goods in any class limit the protection to the specified goods, or does it give additional protection to all the goods in the class?

Specification of the goods must be provided. All goods in a class cannot be covered in general.

Q5: Can a trademark be registered in the name of more than one applicant (i.e. joint application)? If so, what are its requirements?

Yes. A power of attorney is executed by all the applicants.

Q6: Can an application be filed without its complete documents?

No.

Q7: Can one application cover more than one class of goods/services?

No.

Q8: May priority is claimed under the Convention Countries?

Yes.

Q9: What is the term of protection of a trademark? From what date is it calculated?

Ten years from the filing date.

Q10: Is marking mandatory?

No.

Q11: In case a trademark is not renewed in due time, and another company register the same trademark, can the original owner oppose the registration?

Yes.

Q12: If the trademark was originally filed incorrectly, what documentation would be required to amend the official register to show the correct details?

Amendment application.

Q13: Is use required before registration or for maintaining the registration in force?

No. Application can be filed with “Proposed to be used”.

Q14: Is the use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?

Yes.

Q15: What are the types of use required?

Exhibitions, sales, publication materials, LCs, bills of lading, TV Advertisements … etc.

Q16: Can the assignment of an application be recorded?

Yes.

Q17: Is recording a license agreement mandatory?

It is necessary to have an effect against third parties.

Q18: Can records such as change of name, address, merger, assignment, license, etc., be made against pending applications?

Yes.

Q19: Can an assignment be made with or without goodwill? What monetary consideration is to be mentioned as the value of the assignment? Is there any tax based on the value mentioned?

Yes, nominal value at least $10.00 (only).

Q20: Can the trademark application be opposed and what is the opposition period?

Yes; 60 days from the date of publication.

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