The law relating to the trademarks in Pakistan is embodied in the Trademark Ordinance no XIX of 2001. The Trademark Registry under the Intellectual Property Organization in Pakistan situated in Karachi is the administrative body relating to trademarks in Pakistan.
Pakistan is a Member of the following International treaties canopying trademarks:
- WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs Agreement)
- Paris Convention for protection of Industrial Property
The applicants for the proposed mark shall use the following insignias depending upon the status of their trade mark(s).
- ™ -for an unregistered trademark, that is, a mark used to promote or brand goods
- ® -for a registered trademark
- SM – for an unregistered service mark, that is, a mark used to promote or brand services.
- Some key points pertaining to trademarks in Pakistan are enumerated below:
|
Relevant Office |
Intellectual Property Organization |
|
Law in Force |
Trade Mark Ordinance, 2001 |
|
Nice Classification |
Yes (10th Edition) |
|
Paris Convention |
Yes |
|
Madrid Protocol |
No |
|
Multi- Class System |
No |
|
Document (s) Required to file a Trademark application |
Note: An application can be filed without aforesaid original documents and the same can be filed at a later date.
|
|
Prosecution Process |
Filing Examination Acceptance Publication of mark in the Trade Mark Journal Bulletin Opposition Period (two months from the date of publication) Registration Renewal |
|
Registration Term |
10 years from the date of application |
|
Renewal Term |
10 years |
Advantages of Registering your Trademark
In Pakistan trademark registration is much preferred to ensure that adequate relief and injunction may be granted with ease if any conflicting mark is put to use by another. Although the registration of a mark is not mandatory, however a trade mark registration provides assured advantages to the proprietor of the registered mark over the unregistered mark.
Following are the key advantages that come with registration
- It provides an exclusive right to the owner of the mark to use the mark and attach its identity with the goods produced or rendered by it.
- It provides prima facie evidence of ownership and validity
- It prevents the unfair competitors from using the registered mark
- It allows use of registered trademark or other suitable abbreviations to demonstrate ownership of a trademark
Conducting Trademark Searches
Preliminary trade mark searches with the Intellectual Property Organization, Pakistan before filing the application for registration of the mark is advisable.