ARTICLE
12 March 2018

Post-Registration

SR
S.S. Rana & Co. Advocates

Contributor

S.S. Rana & Co. is a Full-Service Law Firm with an emphasis on IPR, having its corporate office in New Delhi and branch offices in Mumbai, Bangalore, Chennai, Chandigarh, and Kolkata. The Firm is dedicated to its vision of proactively assisting its Fortune 500 clients worldwide as well as grassroot innovators, with highest quality legal services.
If a registered owner of a Trademark fails to use the Trademark in Pakistan within 5 years from the date of completion of its registration formalities, it may be attacked on grounds of non-use and may be revoked.
Global Trademarks in SAARC Countries
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  1. Use Requirements

If a registered owner of a Trademark fails to use the Trademark in Pakistan within 5 years from the date of completion of its registration formalities, it may be attacked on grounds of non-use and may be revoked.

  • An action for non-use can be brought upon by any interested third party.
  • Non-use can be excused if it occurs due to import restrictions or other government policies.
  • To satisfy the use requirement, the amount of use must be on a commercial scale.
  • Resumption of use after non-use for the prescribed period may cure non-use provided that, in the interim, no third party has

    • filed an application to register an identical or similar trademark
    • registered the identical or similar trademark
    • used the identical or similar trademark
    • filed an action for cancellation of the trademark on the ground of non-use.
  1. Cancellation
  • Cancellation action is available against registrations and it can be brought by anyone. There is no deadline as such for bringing a cancellation action and it can be brought at any time.
  • The following can be grounds for cancellation:

    • The mark is descriptive
    • The mark is misleading and/or deceptive
    • The mark lacks distinctiveness
    • The mark is generic
    • The mark consists of a geographical indication
    • The mark is functional
    • The mark is against public policy or principles of morality
    • The mark has not been authorized by competent authorities pursuant to Article 6ter of the Paris Convention
    • The mark includes a badge or emblem of particular public interest
    • The mark is used in a misleading manner
    • The mark is prohibited in this jurisdiction
    • The application for registration of the mark was made in bad faith
  1. Renewal
  • A trademark can be renewed in Pakistan from time to time for an unlimited period upon payment of the renewal fee, failing which the mark becomes liable to be removed from the register on account of non-renewal. Each renewal term spans for a period of 10 years.
  • A request to renew a trademark in Pakistan can be filed within 6 months before the expiry of the registration or the renewal term if accompanied by the requisite renewal fees on the prescribed form.
  • Request to renew a trademark in Pakistan can be filed within 6 months after the expiry of the registration/ renewal term if accompanied by the requisite renewal fees on the prescribed form. It must be noted that if a trademark has been removed from the Register on the grounds of non-renewal then the same can be restored by filing an application in the prescribed form for restoration of the mark within a year from the expiration of the last registration of trademark.
Take Note
This document is not intended to create an attorney-client relationship. You should not act or rely on any information in this document without first seeking legal advice. This material is intended for general information purposes only and does not constitute legal advice. If you have any specific questions on any legal matter, you should consult a professional legal services provider.
ARTICLE
12 March 2018

Post-Registration

Global Trademarks in SAARC Countries

Contributor

S.S. Rana & Co. is a Full-Service Law Firm with an emphasis on IPR, having its corporate office in New Delhi and branch offices in Mumbai, Bangalore, Chennai, Chandigarh, and Kolkata. The Firm is dedicated to its vision of proactively assisting its Fortune 500 clients worldwide as well as grassroot innovators, with highest quality legal services.

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