A trademark serves as a distinctive identifier, encompassing words, phrases, symbols, and designs that set apart the origin of goods or services from one entity compared to others. Similarly, a service mark fulfills this role for services rather than tangible goods.
In Pakistan, trademark law is governed by two key legislations:
The Trade Marks Ordinance 2001
The Trade Marks Rules 2004
The procedural journey begins with the filing of an application, followed by examination by the Registrar of Trade Marks, typically spanning 12 months. Any objections raised by the Registrar prompt a response period of two months for the applicant.
Upon satisfactory resolution of objections, the Registrar may approve the mark for advertisement. However, if issues persist, a hearing may be convened, wherein the Registrar may suggest amendments for approval.
Upon clearance of all objections, the mark proceeds to advertisement in the Trade Marks Journal, facilitating public scrutiny and inviting opposition from third parties. Absence of opposition leads to registration of the mark.
The prerequisites for application include details such as the applicant’s full name, nationality, trading style (if applicable), business address, a list of goods or services for registration, transliteration and translation of non-English elements in the mark, and additional requirements for device/label marks.
Furthermore, provision of the first date of use of the mark in Pakistan, if applicable, and a duly signed Power of Attorney by an authorized signatory before a Notary Public are essential. Priority can be claimed within six months from the date of a convention application.
Our comprehensive trademark services encompass:
Trademark searches
Application filings
Legal actions
Representation in hearings
Handling oppositions
Facilitating acceptance and registration
Managing renewals
Post-registration services
Appeals in superior courts
Trade Marks Journal watch services