Trademark in Pakistan

 

Trademark is a term that is used as a legal right in favor of a person who applies for protection of his brand from being used by any person in order to take advantage of their business.

 

Purpose of the trademark is to protect the brand name and the logo from being used by any other third party or any other business. Trademark can be a combination of word logo symbol and sign or any of the above that can be used to distinguish your business brand from other businesses and brands. Upon the registration of trademark a legal right is created in the favor of person this means that no person can use similar trademark for his business and for so doing not only the violator will be is pursued by the Pakistan registration Act 1992 and they may become liable to pay damages for using that trademark logo design for or any other entity related to a particular business.

 

Trademark in Pakistan is considered to be part of intellectual property and the legal right in the relation to the trademark can be established by registering the brand logo and the name on the provision of intellectual property act 2012 trademark once registered is deemed renewed after 10 years in Pakistan. It is the Federal government body that governs the rules and procedure for registration of trademark in Pakistan for different firms and products

 

Trademark Registration Procedure

The procedure for trademark registration is explained in following easy points

  1. The applicant applies for a Trademark in Pakistan by filling out TM Form 55 and giving out required information. A search is then made by TMR Office to check if a trademark is similar to the one being sought already exists.
    1. If a same trademark doesn’t exist, the applicant can go on to the next step.
    2. If a same trademark is already registered, applicant have to select another Trademark by filling out another form.
    3. This trademark search is not obligatory, but is recommended by TMR office to avoid any conflict in the future with matching trademarks.
  1. After the search is made and it does not result in finding a same Trademark, applicants submit Application Form (TM Form 1 or TM Form 2, whichever applies) for the registration. Trademark can be obtained and are divided into several categories known as Classes, the details of which can be viewed here. The application must contain:
    1. Prescribed Application Form (TM Form 1 or TM Form 2),
    2. 8 copies of clear duplicate of the Trademark (Word, Symbol, Logo, 3D features etc.),
    3. A list of goods and service for which the Trademark is being applied,
    4. Payment of the respective administrator Authorities (usually the Director General, IPO – Pakistan).
  1. A report is sent to the applicant within 15 days of application submission. The applicant is further notified about the application after the Examination Report within 3 months of application submission. If there is any objection regarding the Trademark, applicant is notified with a notice to which the applicant must respond within 2 months and explain all objections or the application request will be cancelled.
  1. If there are no objection at this stage, the trademark is published in a monthly digital Journal which can be seen on IPO’s website.
    1. The journal is available publicly, and anyone can see the trademarks which have been applied for registration.
    2. If some party has any objection against a trademark published in the journal, they can seek IPO’s action against it by filling out Form TM-5 or Form TM-8 (whichever applies to the case) to request the launch of an investigation.
    3. An applicant can submit their defense against opposition notice by filling out Forms TM-6 or TM-9 (whichever applies).
  1. If no objection is raised within 2 months of the journal publication, the applicant’s request for trademark registration is accepted, and they are instructed via a Demand Notice to pay the registration fee alongside TM Form 11 in order to receive a registration certificate.
  1. Registration certificate is given once the payment is made by the applicant.
  2. Applicant is liable for the renewal of trademark every 10 years. Trademarks are renewed by filling out TM Form 12 alongside making a prescribed fee.

 

 

 

 

 

 

 

Comments

Post a Comment

Popular posts from this blog

Transcription services

  Transcription services Looking at the improvements being done to transcription services every year it will not be wrong to say that there will come a point where many businesses will stop hiring professionals to work and do their jobs for them. As we know that transcription is basically the conversion of audio into text. We see numerous businesses looking for Transcription services which makes one think “Are transcription services that important? If yes, then why? Many companies use recorded audios and videos in their businesses and when these are required to put into document transcription services are required. Since the pandemic, the use of transcription services has come in very handy and has helped many businesses in improving their business efficiency and making it less stressful. It’s a service that is being used by almost everyone either be students or law firms, or the health care sector Transcription services benefit all of them. Documenting audios and videos or recorde...
Read more

Trademark in Pakistan

 Trademark is a term that is utilized as a lawful right for an individual who applies for assurance of his image from being utilized by any individual to exploit their business. The motivation behind the brand name is to secure the brand name and the logo from being utilized by some other outsider or some other business. The brand name can be a mix of word logo image and sign or any of the over that can be utilized to recognize your business image from different organizations and brands. Upon the enrollment of brand name a legitimate right is made in the blessing of individual this implies that no individual can utilize a comparative brand name for his business and for so doing not just the violator will be is sought after by the Pakistan enlistment Act 1992 and they may get responsible to pay harms for utilizing that brand name logo plan for or some other substance identified with a specific business. Trademark is viewed as a feature of licensed innovation and the lawful right in ...
Read more