Trade Mark Registration in Pakistan

What is Trade Mark Registration?

Trade mark registration secures exclusive rights to symbols, words, or designs, protecting brands from infringement. Through research and application submission, owners gain legal authority to use their mark, prevent unauthorized use, and explore licensing opportunities. It’s crucial for businesses to protect their brand assets and establish a strong market presence.

Why is Trademark Registration in Pakistan Important?

In Pakistan, trademarks are looked after and kept safe by the Trademarks Ordinance of 2001. This applies to the whole country. Once your trademark is officially registered by the registrar, you become the rightful owner of that trademark.

Who can own a trademark?

Anyone – whether it’s a company, individual, or business – can own a trademark.

How trademarks are used:

A trademark is a symbol that shows who owns a specific product or service. Others can use it too, but only if they have permission through licensing agreements. For example, a toothbrush company might get a license to make dental products. When someone uses a trademark without permission, like making and selling fake products, it’s called brand piracy. The owner of the trademark can take legal action against this. Most countries need you to officially register a trademark before you can do this.

Companies use different symbols to show they claim a trademark:

• Adding the ™ symbol after a logo or phrase tells others that you consider it your own, even if you haven’t officially registered it.
• The ® symbol is only for trademarks that are officially registered with the Trademark office.
• If your business provides services rather than products, you can use the service mark symbol, but many just use ™ for ease.

Procedure of TradeMark Registration in Pakistan

Our trademark registration process in Pakistan ensures your brand’s safety and uniqueness. Trademarking protects logos, brands, and products, reducing competition and safeguarding against copyright problems. Many trademark consultants and law firms in Pakistan offer services to protect your brand, ideas, and symbols. Trade Developers & Protectors, a Karachi-based law firm, assists in every step of brand registration, ensuring your assets are secure.

Step 1: Search for a Trademark

First, you’ll need to search for a unique trademark that isn’t already taken. Many consultants in Pakistan can help with this online. You’ll fill out form TM 55, describing your trademark, and submit it. Then, trademark registry officers will check if your trademark is available.

Step 2: Fill Out the Application

Next, you’ll fill out a simple application (TM 1 and TM 2) with your name, brand, product details, and service descriptions. You’ll also classify your products and brands. Make sure to list all the items your trademark will cover.

Step 3: Check for Formalities

The trademark registry will review your application to ensure all details are correct. If there are any mistakes, you’ll have 30 days to fix them.

Step 4: Publication Analysis

Your application will be analyzed under trademark laws to see if it’s eligible for registration and doesn’t infringe on others’ trademarks. The trademark journal, published every Monday in Pakistan, is where this analysis takes place.

Step 5: Advertising Your Trademark

Once your application is accepted by the trademark registry, it’s announced in a magazine. Anyone can see it, and if they disagree with it, they can oppose it within four months. The trademark attorney invites the public to oppose it if they wish. If there’s a disagreement, the applicant fills out a defensive form to resolve it. Once any issues are sorted out, the application can move forward.

Step 6: Finalizing Trademark Registration

After your trademark appears in the magazine, you’ll receive a notice to pay fees from the trademark registry. You’ll then submit the fees to the IPO-Pakistan administrator or director-general.

Step 7: Getting Certified

Once you’ve paid the fees, you’ll receive a registration certificate. You can then use the ® symbol for your products or services.

Step 8: Keeping Your Trademark Current

Once your trademark is registered, you need to renew it every 10 years to keep enjoying its benefits.

Trademark Protection:

Even though trademarks last a long time, businesses must prevent their brand names from becoming too common. This happens when people start using a company’s name for all similar products. To keep their trademark exclusive, companies need to tell others to stop using their brand name incorrectly.

Benefits of Trademark Registration in Pakistan:

Once a trademark is registered, the owner gets these main benefits:

• A warning to other businesses not to use the same symbol or word as their trademark.
• Legal proof of ownership, which can help stop others from using it.
• The right to be the only one using that trademark.

Ready To Register Your Trademark In Pakistan?

In Pakistan, every business owner, whether running a restaurant, café, shop, or online venture, must protect their brand with a trademark. Trade Developers & Protectors offers expert trademark registration services across Pakistan. Many are unaware of trademark importance and registration procedures. The Intellectual Property Organization of Pakistan, via the Trade Mark Registry, facilitates trademark registration in Islamabad, Karachi, and Lahore. Understanding and safeguarding your trademark is vital. Our experienced legal team ensures smooth trademark registration nationwide.Register your TradeMark now!

Understanding Business Formation vs. Trademark Registration

Many business owners think that just by creating a company in Pakistan, they automatically get a trademark for their business name. But it’s not that simple. While forming a company gives you some legal rights to your business name within your state, it doesn’t protect it nationwide. Your business name won’t be protected across all states, and enforcing your rights can be tough. Plus, forming a company doesn’t protect other trademarks like your logo or tagline. To secure nationwide protection and stronger rights, you need to register your trademarks with the IPO.

Protect Your Business: Check Trademarks Before Choosing a Name

It’s common: you pick a name, create a website, print materials, and start selling. Then, you receive a letter from another company’s lawyer claiming you’ve infringed on their trademark.

Changing your business’s name and rebranding is expensive, especially for small businesses who can’t afford legal battles.

Before finalizing your business name, conduct a trademark search to avoid costly lawsuits. Trade Developers and Protectors offer affordable trademark searches if you need help.

How long does it take to register a trademark in Pakistan?

Registering a trademark typically takes around eighteen months. This includes the application filing process until you receive your trademark registration certificate.

Trademark infringement:

Trademark infringement is when someone uses a trademark on goods or services without permission, causing confusion about the source. According to Sections 39 and 40 of the Trade Marks Ordinance 2001, if a person or company uses a trademark identical to a registered one, it’s considered infringement.” Trade Developers and Protectors can provide further guidance on these matters.

Taking action against trademark infringement in Pakistan:

Section 46 offers various solutions for trademark infringement:

• Injunctions
• Damages
• Accountings
• Any other remedies available to individuals with property rights.

Where to file the lawsuit:

As per Section 117 of the Trade Marks Ordinance 2001, lawsuits for addressing grievances caused by trademark infringement must be filed in the District Court. Trade Developers and Protectors can assist you with legal actions against trademark violations.

Documents required for a trademark registration in Pakistan

To register a trademark, you’ll need certain documents:

• Application form
• Personal identification proof (like ID card or driving license)
• Address, postal code, and nationality proof
• Proof of firm or incorporation
• Trademark, logo, or brand name
• List of goods and services
• Soft copy of registered trademark (if applicable)
• User affidavit (if trademark is already registered)
• Power of Attorney

Cost of Trademark Registration in Pakistan:

The total cost varies depending on the application type:

Physical Filing:

• For individual businesses: Rs. 5000
• For partnerships or private limited companies: Rs. 10000

Online Filing:

• For sole proprietors or startup businesses: Rs. 4500
• For partnerships, multi-businesses, or LLPs: Rs. 9000

These costs cover the process of registering, renewing, or amending a trademark. The final registration cost typically ranges from Rs. 4500 to Rs. 6000, with renewal costing between Rs. 1000 to Rs. 10000. The specific fees depend on the type of application and whether it’s filed physically or online. Trade Developers and Protectors can guide you through the trademark registration process efficiently.

Trademark Registration Fees and Application Forms

Costs vary depending on the application and aspect:

TM-01: 

Registration fee for one specific class of goods or services (PKR 3000).

TM-02: 

Fee for registering goods or services from one custom category (PKR 3000).

TM-03:

Collective mark registration for goods or services in one class (PKR 3000).

TM-04:

Registration fee for a trademark certificate in one category (PKR 3000).

TM-05:

Opposition notice application fee (PKR 9000).

TM-06:

Fee for responding to opposition for each trademark (PKR 1500).

TM-07: 

Hearing intentions for opposition (PKR 600).

TM-09: 

Counter-statement application fee for opposition notice (PKR 1500).

TM-10:

Application fee for trademark entry in different categories (PKR 600).

TM-13: 

Restoration request fee for a removed trademark (PKR 3000).

TM-14: 

Fee for division of pending trademark application (PKR 900).

TM-16: 

Fee for correction of clerical errors in application (PKR 600).

TM-17: 

Certification application fee for trademarks (PKR 900/300).

TM-19: 

Fee for registration approval application (PKR 900/300).

TM-20: 

Application fee for trademark advertisements or assignments (PKR 600-900).

TM-21: 

Fee for time extension for trademark assignment advertisement (PKR 600-16000).

TM-26: 

Fee for rectification of trademark register (PKR 2250).

TM-28: 

License application fee (PKR 3000 + PKR 750 for each new mark).

TM-30: 

Fee for cancellation of license registry (PKR 1500).

TM-40: 

Fee for specimen conversion application (PKR 450).

TM-45: 

Application procedure request fee (PKR 1500).

TM-55: 

Search request fee for existing trademarks (Up to PKR 1000).

TMA-1: 

Application fee for registration as a trademark agent (PKR 9000).

TMA-2: 

Fee for restoration of agent name (PKR 1500).

TMA-3: 

Fee for alteration of entry in trademark agent register (PKR 600).

Trade Developers and Protectors offer assistance with all trademark-related procedures.

Our Services for Your Business Growth

At Trade Developers and Protectors, we offer various services such as legal help, trademark registration, protecting intellectual property, company registration, and consultancy. Registering your brand with us can expand your business, increase profits, and build a solid reputation in the market. This ensures a strong brand presence for the future.

Frequently Asked Question (FAQS)

Can a trademark be registered in the name of more than one applicant?

Yes, with a power of attorney executed by all applicants.

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

No, each class of goods/services requires a separate trademark application.

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

A trademark is protected for ten years from the filing date.

What are the legal rights of the owner of a registered trademark?

The owner has exclusive rights to use and enjoy the trademark and can sue for infringement, passing off, or unfair competition.

What are the rights of the owner of an unregistered trademark?

Owners of unregistered trademarks cannot bring infringement actions or file criminal complaints against misleading trademarks.

Can I file a trademark application without its complete documents?

No, complete documentation is required to start the registration process.

What is the difference between copyright and trademark?

Copyright protects original work, while a trademark distinguishes one business from another.

Is it compulsory to register a trademark in Pakistan?

No, but registration provides evidence of ownership and prevents theft.

How can I register my brand name in Pakistan?

Contact Trade Developers and Protectors for professional assistance in registering your logo, brand name, trademark, or copyright.

How long is a trademark valid in Pakistan?

Trademark rights last ten years from the filing date.

Can you trademark a name without a logo?

Yes, you can apply for trademark registration for your business name, logo, slogan, and designs separately.

What is trademark registration in Pakistan?

Trademark registration allows owners to establish their claim on goods by identifying them with unique words, symbols, or logos.

How do I check if a name is trademarked?

There is currently no online availability check for trademarks.

How do I protect my business name?

Register a trademark to protect your business, goods, and services at a national level.

Can I register a trademark by myself?

Yes, you can apply for trademark registration by providing proof of uniqueness and originality.

Can I trademark a similar name?

Yes, one trademark can be registered in all 45 classes of trademarks in Pakistan.

Who can file a trademark?

Anyone planning to use a word, logo, or symbol for business purposes can file a trademark application.

Can I use the ® symbol?

Yes, if your trademark is registered, you should use the ® symbol to signify federal registration.

Can I use the ™ symbol?

Yes, the ™ symbol can be used for trademarks that are not registered to indicate trademark status.