TRADEMARK REGISTRATION IN PAKISTAN
WHAT IS TRADEMARK?
A trademark is a symbol, word, or sign that is legally registered or established by use as representing a company or product.
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Why is Trademark Registration in Pakistan Important?
In Pakistan, registration and protection of trademarks is regulated under the Trademarks Ordinance, 2001 and it extends to whole of Pakistan. When the trademark is registered by the registrar, you are the legal owner for the respective trademark.
Who can be the owner of the trademark?
Any company, individual or the business can be the owner of the trademark.
Usage of trademarks:
A symbol that identifies the brand owner of a particular product or a service provider is called trademark. It can be used by others under licensing agreements; for example, a toothbrush manufacturing company obtained a license to produce dental supplies. The unauthorized usage of trademarks by producing and trading counterfeit consumer goods is known as brand piracy. The owner of a trademark may take legal action against trademark infringement. Most countries require formal registration of a trademark as a precondition for pursuing this type of action.
Signs of the trademarks:
To indicate the trademark claim, companies designate the following symbols:
- Using the trademark symbol after a logo or phrase alerts competitors that you have claimed this symbol or phrase as your own, but you don’t have to have even formally apply for it.
- Only trademarks that have been officially granted by the Trademark office can use the symbol, which stands for registered trademark.
- Companies that sell services, not products, have the option to use the service mark logo, but most use the ™ instead for simplicity.
Our Procedure of Trademark Registration In Pakistan:
Trademarking is a significant step for the protection of logos, brands, products, and makes one’s business unique. It will reduce your competitors and give you protection in case of copyright issues. There are several trademark consultations in Pakistan. Many intellectual properties and law firms exist for your brand, ideas, symbols, and name protection as there is no possibility of stealing your assets. NAZ Intellectuals Services is a Karachi based law firm that help you in every step of your brand registration .The following steps are included in brand registration in Pakistan.
Step 1: Search for Trademark
In this step, the applicant searches for a trademark, and also ensures that the trademark which he/she wanted to register is rare. There are many trademarks searches and brand registration consultants in Pakistan through which you can register a trademark online from any place. Applicant requires to fill a document with code TM 55 and describe the required trademark. After application, the next procedure is for TMR officers to search for trademark availability.
Step 2: Filling Out Application
In this step , a simple application is filled for the trademark registration. The application consists of the applicant’s name, the applicant brand, variety of the product, description of the services. The trademark form for this portion is TM 1 and TM 2 with product classification and brand divisions. Applicant must give the list of commodities and products for which the trademark is enrolled.
Step 3: Formalities Assessment
The trademark registry will check the particulars of the application and confirm that they are relevant to documents. If there is any deformity found by the trademark registry then the applicant must be fixed in 30 days.
Step 4: Analysis of Publication
The trademark registry will check the application under the trademark act and analyze whether it is able for registration or not. and ensure that the trademark is not identical to someone’s denomination. The trademark journal is published every Monday j. Pakistan by the head office of the trademark registry.
Step 5: Trademark Advertising
After the acceptance of the application by the trademark registry Now ,it will announce in the trademark magazine. Anyone can see the trademark in the journal and if any party does not agree to the applied trademark then, there is an opposition period that lasts for four months. In this period the trademark attorney allow s the public for title opposition. The dispute is raise by the community as they have equal rights to disagree with any brand. If there is friction application is not moved by the trademark attorney and the applicant is called for resolving, then applicant fills a defensive form TM -6 or TM -9 against opposition notice. After fixing the conflict application is now moved for further process.
Step 6: Ultimate Registration of a Trademark
After the publication of the trademark in a monthly journal a demand notice of fee submission is sent to the applicant by the trademark registry. The applicant submits the fee to the administrator of the IPO-Pakistan or director-general.
Step 7: Certification Procedure
A registration certificate is issued after the payment or submission of the fee by the applicant. The applicant is assigned with a registered symbol ® after the registration certificate is issued. The applicant may use this symbol for products, or services.
Step 8: Trademark Revival
Once the trademark is registered and certified then it is the responsibility of the applicant to renew the trademark every 10 years to enjoy the brand.
No doubt that a trademark is issued for the life of a company or product, businesses do need to guard against phrases becoming generic. This typically happens over time when people use a company’s product name to mean all products or processes like it. To continue to claim that trademark, those companies need to notify people who misuse the term to stop.
Benefits of trademark registration in Pakistan:
Once a trademark is registered, the owner receives the following main benefits:
- A notice of claim to any other businesses thinking of using the same symbol or word as its trademark
- A legal presumption of ownership, which can help fend off would-be users.
- The exclusive right to use the claimed trademark usage.
Looking To Register Your Trademark In Pakistan?
For every business owner Pakistan, whether you have a restaurant, a small café, a grocery shop or if you have launched a cosmetic brand or online business where you provide your services, it is necessary to make sure that you have intellectuals right by registering your identity or brand through trademark.
Naz Intellectuals Services is helping business owners with its best services in any city of Pakistan. Most of the people in Pakistan are not aware of how important trademark for a business is, and how to register a brand’s trademark.
IPO (Intellectual Property Organization) Of Pakistan has taken significant steps through TMR (Trade mark Registry) to upgrade the existence of Trademark services in Pakistan and enlarge the scale of IPO’s regional operational services at Islamabad, Karachi, and Lahore. It is very important to know the significance of a trademark registration in any business you own, and the owner should also be aware of how to protect this right.
Those who are new to this industry and have recently started their small business can also get their trademark register in Pakistan easily. NAZ Intellectuals is the best solution to fulfil your needs for filing a proper legal application for a trademark registration in Lahore, Islamabad, Karachi or all over the Pakistan, because we have highly experienced team of of Legal Attorneys especially trained for this purpose to solve all matters legally related to NTN registration or trademark registration in Pakistan.
TRADE MARK REGISTRATION SERVICE IN PAKISTAN
In this fast changing world the needs and preferences of the individuals are changing. Everyone is driven towards innovation and wants to conduct a hassle free business. Therefore, Naz intellectual service is pleased to offer you its hassle free trademark registration services in Pakistan. Registration is very essential for your business in order to avoid the copyright issues and become a brand which the customers are able to trust.
In order to start your business in Pakistan you can have all the resources you need. But if you don’t have your trademark registered, then your business identity is at serious threats of being stolen by your competitors, and then you may be questioned by the law or pay hefty amount to the government of Pakistan.
Trademarks are a critical element of your company’s intellectual property. However, if you’re like many small business owners, you may well not know what a trademark is or how to defend one.
Here are some facts to dispel some of the most common trademark misunderstandings.
Trademarks are crucial because they provide you with a legal means of preventing competitors from adopting confusingly similar marks to yours. People are likely to be confused about the source of goods or services when they see or hear a confusingly similar mark that looks or sounds similar to yours and is used on a similar sort of products or services.
Forming a Business Isn’t Federal Trademark Registration
Many business owners believe that by forming a corporate entity in Pakistan, they instantly acquire a registered trademark for their company name. This isn’t entirely accurate. You do have certain state law trademark rights on your business name if you form a business entity. Moreover, your state will not permit another company to be formed with the same name as yours.
However, your business name will not be preserved across state boundaries, and the rights you do have may be hard to enforce. Simply forming a company does not grant you any rights to your other trademarks, such as your tagline or logo. You must register your trademarks with the IPO for nationwide protection and stronger enforcement rights.
All Business Names Aren’t Created Equal
Some company classes are defined more trademark protection than others. Furthermore, because certain names are too general, they cannot be registered as trademarks.
“Fanciful” names have the strongest trademark protection or “arbitrary” names that use a common word to refer to an unrelated product, such as “Apple” computers or “Shell” oil firm, or “made-up” names like “Xerox.”
Suggestion names, such as “Under Armour” or “JiffyLube,” that infer a product’s features without specifying them, are likewise trademarkable.
Descriptive or geographical names, such as “Chicago Pizza” or “Clean Car Wash,” are normally not eligible for trademark registration. Neither can names that are completely generic, such as “Ice Cream.””
Consider to use a name which is likely to be eligible for trademark protection when naming your company.
Before Naming Your Organization Conduct a Trademark Search
It’s a frequent occurrence. You choose a brand names, make a website, print signs, labels, and promotional materials, and eventually sell. Then you’ll get a letter from a lawyer from another company accusing you of infringing on their trademarks.
Changing your company’s name and rebranding it is costly. Furthermore, most small businesses cannot afford to defend themselves against a trademark infringement lawsuit.
Conduct a trademark search before registering your business to see whether your chosen name would infringe on someone else’s trademark to prevent costly rebranding or lawsuit. Naz Intellectuals Services offers affordable comprehensive trademark searches if you don’t want to do the search yourself.
Your Trademark Class Matters
You must file an application to the IPO in order to register a trademark. The “class” of products and services toward which your trademark will apply is one piece of information you’ll need.
The IPO has 45 different classes of products and services from which to choose, and it’s important to pick the right one because your trademark will only be valid for the classifications you specify.
Choosing the correct class might be difficult at times. Should you obtain a trademark for a good (shirts) or a service (printing), or both, if you offer screen printed T-shirts? If you’re not sure how to choose a trademark class, go to a trademark lawyer.
It is Your Responsibility to enforce your Trade Marks.
The IPO registers trademarks but does not regulate their use. That’s your job, and if you don’t enforce or protect your trademark, you risk losing it. Several factors go into effectively enforcing a trademark:
To alert others to your trademark, use the registered trademark symbol, ®, on your trademarks. You can use the sign TM if you have a pending trademark application.
Keep track of trademark filings through a trademark monitoring service, and file objections to any that potentially infringe on your rights. If you feel another company is infringing on your trademarks, act quickly. Consult an attorney for guidance on mailing a “cease and desist” letter and other possible steps.
Trademarks can be a powerful tool for protecting your brand. Do your homework and choose a business name wisely to increase your chances of obtaining good trademark protection.
HOW MUCH TIME DOES IT TAKE TO REGISTER A TRADEMARK IN PAKISTAN?
The Process of trademark registration usually takes about eighteen months of time period which include the process of filing of application for registration and till you get your trademark registration certificate is issues.
INFRINGEMENT OF TRADE MARKS
Trademark infringement is the illegal/unauthorized use of a trademark on goods and/or services in a way that is likely to create confusion, or mistake about the original source of the goods or service. Section 39 and 40 of the Trade Marks Ordinance 2001 says that if any individual person, or company, uses the trademark which is identical to the goods or services for which that mark has been registered, it shall be deemed to be the infringement of the trademark under Section 40.
ACTION FOR TRADEMARK INFRINGEMENT
Section 46 provides different remedies for trademark infringement in Pakistan:
- Accounts; or
- Any other remedies which are available to the person having some other property rights.
PLACE WHERE THE SUIT HAS TO BE INSTITUTED
According to Section 117 of the Trade Marks Ordinance 2001, suit for the purpose of redressal of grievance caused as a result of infringement of any trade mark is required to be filed before District Court.
Documents required for a trademark registration
- Documents required for applications of a trademark are:
- Application form for registration
- Person identity proof ID card, driving license
- Address and postal code and nationality proof
- Firm proof/ Incorporation statements
- Trademark, logo, brand name, device
- Goods and services list
- Soft copy of registered trademark
- User affidavit in case of already trademark registry
- Power of Attorney
Cost for Trademark Registration in Pakistan
Several different costs are involved in the procedure of enrolling, reviving, and amending a trademark. Cost is varying for each application but it is 1000 to 10000 with the renewal of brand but final registration cost 4500 to 6000 rupees.
The cost is charged based on the application. There are two distinct procedures for trademark application.
- Physical filing
- Online filing
Physical Filing For Individual Business
The physical filing costs Rs.5000 in case of individual liability, startup, and a certificate is issued by the government and pinned with the application for MSME or startup of a business.
For partnership, private limited and persons own company the cost of applications is 10000.
Online Filing for Individuals Properties
The application fee for the sole proprietor or startup business is 4500 rupees
The cost for multi-business and LLP( limited liability partnership), PLT private limited company is 9000.
Cost varies from application to Aspect
Fee for registering a trademark for specifications of service and goods related to one specific class (3000PKR).
Applicable for registering a trademark for specification of goods and services that consist of only one category from a custom country and cost for this form is (3000PKR).
This is used for the registration of the collective mark related to goods and services that fall in one class and cost is (3000).
Registration of a certificate of trademark falling in one category and cost for the application is (3000).
Application for Opposition notice under section 28 and feel for this is (9000).
Application for answer notice against the opposition for each trademark and fee is (1500)
Hearing intentions for opposition related to trademark and cost is (600). TM-9:
Application for counter-statement in answer to the opposition notice for each trademark and charges are (1500).
TM – 10:
Application for trademark entry of different categories and cost is (600).
Request for restoration of a removed trademark from register and feel is (3000)
Division of pending trademark application and cost is (900).
Correction of clerical error and amending the application in rupees of (600).
Application for trademark certification for each noted and additional purpose and charged(900/300).
Registration approval application for first mark and every additional mark and fee is(900/300).
Application for the registration of advertisements, assignments of the trademark without goods, and the cost is (600-900).
Application for a time extension for the advertisement of trademark assignment concerning time duration and cost is between (600-16000).
Application for rectification of the register of the trademark from the register and cost is (2250).
License application registered and the cost is 3000 with the addition of 750 for every new mark addition.
Application for the cancellation of license registry and charges are (1500). TM-40:
Application for specimen conversion with the cost of (450). TM-45:
Request for the application procedure for trademark and cost is (1500). TM-55:
Search requests for existing trademark cost up to 1000 rupees
Application for registration as a trademark agent and fee for this is (9000).
Application for the restoration of the agent name and cost is(1500).
Application for alteration of any entry in the register of trademark agent and cost is (600).
Where to Seek Assistance for Trademark Registration in Pakistan
Brand registration is crucial for your business as it adds value to your goods and services. By assisting with any intellectual property and registering your mark you can expand your business and have a strong challenging position in the market of goods and services. There are many trademark attorneys and trademark consultants’, IPO websites, law firms that are here for your brand registration in Pakistan. Several contact persons are mentioned on the IPO website of Pakistan.
Why NAZ Intellectuals Service?
NAZ intellectual is notable intellectual property that offers a naive trademark registration of your brand and can reduce your enterprise risks by retaining your contest. There is no chance of stealing your brand as it is unique and all rights reserved by the intellectual property.
Our mission is to give the best services and satisfaction to buyers. NAZ intellectuals are providing their services in Pakistan to customers of the UK, Iraq, Iran, UAE, US, and European nations. Anyone living in these countries can register their brand with NAZ intellectuals. we file a promising trademark petition that gives you enforcement, adds values to your business, and provides stability to the mind.
The company’s IP practice has gained widespread recognition in the industry. The firm represents some of the world’s leading companies and assists in protecting important IP assets. We provide a wide range of services in the IP area, starting with a thorough process that includes Market Research, IP Search, etc., and the sequence of registration of trademarks, patents, layouts, copyrights and finally executing copyright, search rights, and catching activities. Our experts will provide you with clear, commercially credible advice. Manage your company name, logo, design, trading style, commodities, and services and make your marks strong and competent. If you want to register for a trademark we help you in maximizing your brand value by applying a trademark inline to your business plan.
What Are The Benefits We Capitalize
- All services are empowered by experienced analysts
Our experts will give you all services by maintaining the laws related to trademarks. our experts give your brand protection against stealing or copyright issues. As the protection of a brand is the essential and absolute success of a firm in Pakistan. Additionally, trust is the key for any business, and Naz intellectual team is honest,
trustworthy, and customer-centered. They prohibit others from stealing your brand name or style.
- 100 percent accuracy and customer satisfaction
In every business, there is a more important community, and it is customers and buyers. Naz intellectuals have a good relationship with their customers by giving their best trademark strategies.
Filing of Trademark Application
If you want to register your trademark Naz intellectual is giving its services of applying and in addition, you can file your application on the same day without any hassle.
Fair Response Time
Our response time is quick and safe as we are here for your aid by 24/7.you can ask any question or query related to the trademark registry. Our dedicated team is here to respond to you any time at day or night and fulfill your all desires or needs.
Accessible To Fees
The fee is comparatively low as of good quality services. we are giving you ease in your stressed time. Our low fee for filing a trademark application will help you to effectively manage your account.
TM Symbol Utilization
You can use a trademark symbol for your product and service from the day of certification.
Every firm has its own rules for business and trade but we deal differently with our clients. Our main focus is to give a safe, friendly environment to our clients. Our approach is client-centered and we hit the peace and ease for our buyers. stress-free enforceable brand registration and substantial rightful services are provided by the Naz intellectuals to the customers in Pakistan and other countries.
We provide services for:
- Legal services
- Trademark registration
- Intellectual property
- Company registration
- Consultation services
By filing and registering your brand with such a law full and trustworthy property you can expand your business, increase your revenues and boost your firm. you can gain a reputation in the market and it will strengthen your brand for the future.
FREQUENTLY ASKED QUESTION
If the trademark was originally filed incorrectly, what documentation would be required to amend the official register to show the correct details?
Amendment application is required for the further correction process.
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, it can be opposed.
Can a trademark be registered in the name of more than one applicant?
Yes. A power of attorney executed by all the applicants.
Can one trademark application cover more than one class of goods/services?
Every good/services has its separate trademark class. You have to find out in which class your goods/services lies.
Can one trademark application cover more than one class of goods/services?
Every good/services has its separate trademark class. You have to find out in which class your goods/services lies.
What is the term of protection of a trademark? From what date is it calculated?
Ten years from the filing date.
What are the Legal rights of the Owner of a Registered Trademark?
Upon registration, the registered proprietor or owner is granted exclusive rights to enjoy and utilize the trademark. Any person who violates or breaches the registered owner’s or proprietor’s right can be sued for infringement, passing off, or unfair competition by the registered proprietor.
What are the Rights of the Owner of an Unregistered Trademark?
An owner of an unregistered trademark cannot bring an infringement action or file a criminal complaint against the owner of a misleading trademark.
Can I file a trademark application without its complete documents?
No. To start the registration process, you need to to submit complete documentations with the application.
What is the Difference Between Copyright and Trademark?
Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.
Is it compulsory to register a trademark in Pakistan?
The answer is no. Registration of a trademark can be seen as evidence that you own it, but the law doesn’t require people to register their trademarks if they don’t want too. It is only necessary so that no none could steal it in future.
How can I register my brand name in Pakistan?
You can contact NAZ Intellectuals Services, and get professional help to register your logo, brand name, trademark, and copyright in Pakistan.
How long is a trademark valid for in Pakistan?
Trademark rights in Pakistan last for 10 years from date of filing. The term to oppose an application is two months after it has been published on Trademarks Journal, so be sure to check back.
Can You Trademark a Name Without a Logo?
Generally speaking, you should apply for trademark registration in Pakistan
for your business name, logo, slogan and designs separately.
What is trade mark registration in Pakistan?
The Trade Marks Registry (TMR) is the premier body for Intellectual Property Organization of Pakistan, working under Trademarks Ordinance 2001.Trade registration is a process that allows owners to establish their claim on goods by identifying them as originating from specific sources through identification such as unique words, symbols or logos.
How Do I Check If A Name Is Trademarked?
There is no way from which the applicant may check the availability of trademark online.
How do I Protect My Business Name?
By Registering a Trademark. A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the Pakistan from using your trademarked names.
Can I register trademark by myself?
Yes, you can! Applying for a trademark is easy. You just have to fill out an application, prove that your business idea is unique and creatives with other similar names are already using them in commerce or if they’re opposed by someone else who claims ownership over the same mark then it will have go through court proceedings where you’ll need proof of originality before getting approved.
Can I Trademark A Similar Name?
There are 45 classes of trademark with various range of goods / Services and one trademark can be registered in all 45 classes in Pakistan.
Who can file a trade mark?
An individual not doing any business is also eligible to file a trademark application and obtain registration for the word or any logo/symbol that they plan on using in future for their business.
Can I Use The ® Symbol?
If your trademark has been registered, then you can (and should) use the symbol “®” next to your trademark, which signifies a trademark that’s been federally registered. Only use the ® symbol once registration is granted.
Can I Use The ™ Symbol?
The “™” symbol, as you may have guessed, stands for “trademark.” This symbol may be used for trademarks that are not registered, though it isn’t necessary to use the ™ symbol in order to protect your trademark.