Legal Point

How to Register a Trade Mark in Pakistan – Legal Point

Are you looking for how to register a trademark in Pakistan? Then you are at right place.

Registering a trademark in Pakistan is an important step for protecting your brand.

This guide will walk you through the steps of trademark registration, ensuring you can secure your brand’s identity effectively.

What is a Trademark?

what-is-trade-mark-registration-in-pakistan

A trademark is a unique sign, logo, or design that sets your products or services apart from others.

It provides legal protection, ensuring that no one else can use your brand without permission.

Benefits of Trade Mark Registration

Registering your trademark offers several benefits:

  • Legal Protection: Exclusive rights to use your mark, preventing others from using it without permission.
  • Brand Recognition: This helps customers identify and trust your brand, building a loyal customer base.
  • Asset Value: Increases the overall value of your business, making it more attractive to investors and buyers.

Trademark registration in Pakistan is governed by the Trade Marks Ordinance, 2001, and the Trade Marks Rules, 2004.

The Intellectual Property Organization of Pakistan (IPO-Pakistan) is responsible for all registrations and enforcement.

Who Can Apply for a Trade Mark?

Anyone involved in trade, including individuals, companies, or legal entities, can apply for a trademark in Pakistan.

Documents Required for Trade Mark Registration

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To apply for a trademark in Pakistan, you need the following documents:

  • Application Form: Completed and signed form.
  • Mark Representation: Clear image of your trademark.
  • Goods/Services List: Detailed list of goods or services the trademark will cover.
  • Power of Attorney: If filing through an agent.
  • Priority Document: If claiming priority based on an earlier application.

Also Read: Documnets Required for Company Registration in Pakistan

Step-by-Step Guide to Trade Mark Registration in Pakistan

Before applying, conduct a comprehensive search to ensure your mark is unique and not already registered.

This step helps avoid potential legal conflicts and ensures that your application has a higher chance of approval. You can perform this search through the IPO-Pakistan database or consult with a legal professional.

2. Filing the Trade Mark Application

Submit the required documents along with the application form.

Applications can be filed online through the Intellectual Property Organization of Pakistan (IPO-Pakistan) website or offline at designated offices.

Ensure that all information is accurate and complete to prevent delays in processing.

3. Examination of the Application

The IPO-Pakistan examines the application for compliance with legal requirements.

This includes checking for conflicts with existing marks and evaluating the mark’s distinctiveness. If any issues are identified, the applicant will be notified and allowed to respond or amend the application.

4. Publication in the Trade Marks Journal

If the application passes the examination, it is published in the Trade Marks Journal.

This allows the public to raise objections, if any, within a specified period.

If no objections are raised or if objections are resolved in favor of the applicant, the process moves forward.

5. Registration and Issuance of Trade Mark Certificate

If no objections are raised, or if objections are resolved, the trademark is registered, and a certificate is issued.

The trademark is then legally protected, granting the holder exclusive rights to its use in connection with the specified goods or services.

Validity of a Trade Mark in Pakistan

A trade mark in Pakistan is initially valid for ten years from the date of application. It can be renewed indefinitely for successive ten-year periods.

IPO Charges For Registering A Trademark In Pakistan

The cost of trademark registration in Pakistan varies based on the filing method and applicant type. Here’s a breakdown of the fees:

  1. Physical Filing for Individual Business:
    • Cost: PKR 5,000
    • Applicable for: Individual businesses, startups
    • Certificate Issued: Yes, a government-issued certificate is provided for MSME or startup applications.
  2. Physical Filing for Partnership, Private Limited, and Companies:
    • Cost: PKR 10,000
  3. Online Filing for Individuals/Startups:
    • Cost: PKR 4,500
  4. Online Filing for Multi-Business, LLP (Limited Liability Partnership), PLT (Private Limited Company):
    • Cost: PKR 9,000

Applicants can choose between physical and online filing based on their preferences and business structure. Please note that these fees cover the application costs and are subject to change. It’s advisable to verify current trademark fees before applying.

How to Renew a Trade Mark

To renew your trademark, file a renewal application with IPO-Pakistan before the expiry date.

Ensure you pay the required renewal fee to maintain your trade mark’s protection.

How to Cancel a Trade Mark

To cancel a trade mark, you need to file a cancellation application with IPO-Pakistan, providing valid reasons such as non-use or infringement.

FAQs

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

The entire process can take anywhere from 12 to 18 months, depending on various factors such as examination and opposition.

2. Can a trademark be renewed before its expiry?

Yes, a trademark can be renewed before its expiry date. It is advisable to start the renewal process well in advance to avoid any lapses.

3. What happens if my trademark application is opposed?

If your trademark application is opposed, you will have an opportunity to respond to the opposition. If the opposition is not resolved, a hearing may be scheduled to decide the matter.

4. Can I register a trademark for services as well as goods?

Yes, you can register a trademark for both goods and services in Pakistan.

5. Is it necessary to hire a trademark attorney?

While it is not mandatory, hiring a trademark attorney can simplify the process and ensure that your application is correctly filed and managed.

Conclusion

Registering a trademark in Pakistan is crucial for protecting your brand and ensuring its growth.

By following the steps outlined in this guide, you can successfully register your trademark and enjoy the numerous benefits it offers.

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