Trademark
Description
A Trade Mark is a word, logo, phrase, symbol, label design, slogan and/or packaging design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods.
Trade Mark law in Pakistan is governed under 2 legislations which recently amended, however the classification is system is identical as internationally followed i.e. Nice Classification:
- Trade Marks Ordinance 2001
- Trade Marks Rules 2004.
- Trade Marks (Amendment) Act, 2023 (compressed)
- Trademark Classification
Procedure:
- As soon as the application is filed it needs to be examined by the Registrar of Trade Marks, which usually takes 3-6 months. After this period the Registrar may raise objections. Once this objection issued, the applicant is then notified to respond back within 2 months of that notice.
- Once the Registrar is satisfied with a written reply of the notice of objection, the trademark is approved for advertisement. However, if the reply is not satisfactory then the applicant/ representative will be called in for a hearing. At the conclusion the Registrar may point out any other amendments to the applied mark in order for it to be approved.
- Once the mark is cleared from all objections from the Trade Marks Registry, it proceeds for advertisement in the Trade Marks Journal. The Trade Mark Journal is open to the public and the purpose of advertisement is to invite any opposition to registration of the trademark from any third parties.
- In case of no opposition, the mark is then mover towards the registration procedure.
- Registrar will issue a letter called demand note and instructs the applicant to submit registration fee within one month and upon submission of fee trademark registration letter will be issued and trademark to be called registered trademark.
