What is a trademark?
A trademark is a logo, name, design, signage or a combination thereof that allows a business to distinguish and differentiate their goods or services from those of other manufacturers and service providers. In essence, a trademark is the identity of any business and is an integral part of building a brand image that resonates with consumers.
How to register a trademark in Pakistan and its requirements?
Trademark law is governed and regulated in Pakistan by the Trade Marks Ordinance, 2001 and the Trade Mark Rules 2004. In this blog, I shall detail the stages and requirements for applying and securing registration of a trademark in Pakistan.
Step 1 – Conduct a search
The first step in any trademark application is to file a search on Form TM 55. This enables you to determine if there are any existing marks, registered or pending, that are identical and/or similar to your trademark and consequently may object to your application.
Step 2 – Fill out the Application Form
After completing a check on any identical or similar marks, you can apply for registration of a trademark by filling out form TM-1.
Form TM-1 Checklist:
- Form TM-1 in duplicate
- 12 Representation of Trademark to be attached to the application (At least one representation should be in colour) on 13×8 page (A4).
- Full name and address of applicant
- Class of Goods or Services (There are 34 classes covering goods and 11 classes covering services, correctly apply for class in which your goods or services fall)
- Classification of Goods or Services (Mention which goods or services shall be covered and protected by the application)
- Year of first use (If your mark has not been used as yet, simply write “proposed to be used”)
- Signature
- Address for service (This may be the Applicant’s personal address or the address of their agent)
How to appoint a lawyer to represent you at the Trade Marks Registry?
Anyone wishing to apply for a trademark through a lawyer or agent can authorize them by filing a duly notarized and stamped Power of Authority on Form TM-48.
Step 3 – Payment
Payment for an Application for registration of a trademark is to be made through a Bank Draft/ Pay Order made in the name of “Director General, IPO-Pakistan” and is to be submitted, along with the Application at the trademark reception desk at the IPO Offices.
One Application, for one trademark, in one class costs PKR-3000 (Subject to Government revision)
Step 4- Examination
Upon submitting the Application for registration, the application is examined. An examination report is generated approximately 3-4 months after filing the application. If required, the Trade Marks Registry can issue a Show Cause Notice.
If a Show Cause Notice is issued by the Registry, the Applicant has two months, plus an additional two months if extensions are sought, to file a reply to the said Notice. If the Registry is satisfied with the response, they shall proceed to the next step of the registration process.
Step 5- Publication
After examining an application, the Registry then publishes the application in the Trade Marks Journal, a monthly digest that serves as a notice to any prospective objectors to the registration of any trademark. An application is, by operation of law, required to be advertised in the Trade Marks Journal to invite any potential oppositions to the application. Any prospective opponent can secure an extension of up to two (2) months, separately and apart from the statutory two month period to file opposition proceedings. Hence, it is possible that an application may be advertised for as long as four (4) months.
If no opposition is received in the stipulated time period, the application moves onto the next step.
Step 6 – Demand Note and Sealing
At this stage the application is through the hustle and bustle and now it is time for the Applicant to celebrate because all that is left is paying the sealing fee to procure the registration certificate. At this stage, the Registry issues the Applicant a Demand Note. The Applicant must pay the fee (Currently at Rs. 9000 /-) within the time period stipulated on the notice. Once that is done, the Registry prints the certificate and sends it to the Applicant at the service address provided.