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Trademark Registration

Summary for Pakistan

Pakistan Trademark Service Charges

Summary

Pakistan is a member of the Paris Convention for the Protection of Industrial Property. The International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement (classes 1-34) and service mark classification (classes 35- 45) is applied in Pakistan.  

Pakistan is currently following both the Trademarks Act of 1940 in respect of cases filed prior to April 12, 2004, as well as the new Trademarks Ordinance of 2001 that was promulgated on April 12, 2004. In the said Ordinance, provisions for the registration of service marks, convention applications, priority rights and domain names have been included.

A trademark application filed in Pakistan is examined to determine its registrability. When a trademark is accepted by the Registrar, it is published in the Trademarks Journal. Any interested party may file a notice of opposition to the registration of a trademark within 2 months from the date of publication or within the period set by the Registrar, not exceeding 2 months in aggregate.

The initial registration of the trademark is valid for a period of 7 years in respect of applications filed prior to April 12, 2004, renewable for a period of 15 years from the date of the expiration of the original registration, or from the last renewal of registration, as the case may be. The initial registration of a trademark filed after April 12, 2004 is valid for 10 years and renewable for a period of 10 years.

The fees for renewing a trademark registration can be paid at any time during the last 6 months prior to the expiration of the latest registration. However, upon payment of an additional fee, a late renewal is possible during a grace period of 4 months starting from the date of publication of the registration in the Trademarks Journal under the heading "Unpaid Renewal Fee."

The assignment of a registered trademark with or without the goodwill of the business, change of name and/or address, registered user agreement and licenses of registered marks, are possible. The introduction of amendments to the registered mark without substantially affecting the identity of the mark or the boundaries of the list of goods covered by the registration of a trademark is also possible and shall be recorded in the official register.

The use of a trademark is not mandatory for filing an application. However, for maintaining the registration in effect, evidence of use is required to be filed at the time of second renewal. However, a concerned party may request the Registrar or the High Court to remove a trademark from the register, if it has not been used for 5 years and one month from the date of registration.

Illegal use of the word "Registered" on an unregistered trademark, use of counterfeited trademark, illegal use of a registered trademark by an unauthorized person, dealing in goods bearing counterfeited trademark are offences punishable under the law in Pakistan. Infringement proceedings may be filed in the District Court as well as in the High Court.

Requirements

Filing Requirements
Trademark/Service Mark Applications

1. A Power of Attorney [on Form TM-48] duly notarized and signed by the applicant in two places marked by X.

2. Transliteration and translation of the non-English words appearing in the mark.

3. Confirmation whether the mark is in use in Pakistan or proposed to be used. If in use, the period of use shall be specified.

4. The nature of business of the applicant, e.g. manufacturers, merchants, etc.

5. The name, address and nationality/domicile of the applicant.

6. Specification of the goods on which the mark is applied.

7. Twelve specimens of the mark, (not needed for word marks).8. A certified copy of the application giving the filing date, number and country, if the application is to be filed with a priority claim.

 
Renewal of Trademark/Service Mark Registrations

1. A Power of Attorney [on Form TM-48] duly notarized and signed by the applicant in two places marked by X.

2. A copy of the Registration Certificate.


Search

1. Prints of the mark, (not needed for word marks).

2. Classes or goods to be searched.


Recording an Assignment

1. A Power of Attorney [on Form TM-48] duly notarized and signed by the applicant in two places marked by X, (from each party separately).

2. A duly notarized deed of assignment executed by both parties.

3. A copy of the certificate of the trademark registration.
  
 
Recording a License Agreement

1. A Power of Attorney (form-48) notarized.

2. License agreement document notarized or legalized up to the Pakistani Consulate.

3. Trademark registration number and class.

Recording a Merger

1. A Power of Attorney (form-48) notarized.

2. Merger document notarized or legalized up to the Pakistani Consulate.

3. Trademark registration number and class.


Recording Change of Name

1. A Power of Attorney (on Form-48) in the new name and/or address duly notarized.

2. A notarized certificate proving the change of name or address issued by the local competent authority of the applicant's domicile.

3. A copy of the certificate of the mark registration.


Recording Change of Address

1. A Power of Attorney (on Form-48) in the new name and/or address duly notarized.

2. A notarized certificate proving the change of name or address issued by the local competent authority of the applicant's domicile.

3. A copy of the certificate of the trademark registration.


Obtaining a Certified Copy of Registration

1. A Power of Attorney (on Form-48) duly notarized and signed by the applicant.

2. Trademark registration number and class.

FAQ

T1: How long does it take to conduct a trademark search?
5 -7 working days.

T2: Does Pakistan use the international classification?
Yes.

T3: Are there any goods or services for which the mark cannot be registered?
No.

T4: 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.

T5: 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 executed by all the applicants.

T6: Can an application be filed without its complete documents?
No.

T7: Can one application cover more than one class of goods/services?
No.

T8: May priority be claimed under the Convention Countries?
Yes.

T9: What is the term of protection of a trademark? From what date is it calculated?
Ten years from the filing date.

T10: Is marking mandatory?
No.

T11: 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.

T12: If the trademark was originally filed incorrectly, what documentation would be required to amend the official register to show the correct details?
Amendment application.

T13: Is use required before registration or for maintaining the registration in force?
No. Application can be filed with "Proposed to be used".

T14: Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?
Yes.

T15: What are the types of use required?
Exhibitions, sale, publication materials, LCs, bills of lading, TV Advertisements … etc.

T16: Can the assignment of an application be recorded?
Yes.

T17: Is recording a license agreement mandatory?
It is necessary in order to have effect against third parties.

T18: Can recordals such as change of name, address, merger, assignment, license, etc., be made against pending applications?
Yes.

T19: Can an assignment be made with or without the 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), Yes.

T20: Can the trademark application be opposed and what is the opposition period?
Yes; 60 days from the date of publication.

 

 
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