Trademark Registration in Pakistan

Trademark Registration Services

Filing Trademark Application with Tax Care Experts

A Trademark is a word, phrase, symbol, or design that identifies and differentiates the basis of the goods of one party from others. A service mark is a word, phrase, symbol, or design that identifies and distinguishes the source of a service rather than goods.

How To Register A Trademark In Pakistan?

For the owners of a company or services in Pakistan, it is necessary to ensure the intellectual rights by registering the trademark. Tax Care offers the best trademark registration services to its customers. Most of the people are not aware of how trademark registration works.

It is necessary to know the significance of a trademark in business and how to protect this right. Those who are new to the industry and looking to register their products for a mark so that people can recognize them as an individual brand than Tax Care is the best solution to fulfill your needs.

The highly skilled lawyers at Tax Care guide all-important areas of trademark registration to newly started companies. For all the startups that are in the process of working, make sure that trademark registration is non-neglected. Tax Care consultants are expert in “Trademark, Brand logo” registration and welcomes the questions by all customers.

Advantages of Trademark Registration / Logo Registration in Pakistan

  • Owner Exclusive Rights over the trademark
  • Builds trust and Goodwill
  • Differentiates Product
  • Recognition to product’s Quality
  • Creation of Asset
  • Use of ® symbol
  • Uniqueness in Identity
  • Protection against infringement
  • Increased Monetary Value
  • Brand Control and Consistency
  • Protection for 10 Years

Who Can Apply For Trademark Registration in Pakistan?

The owner, partner, proprietor, trust, society, or the company is eligible to register the trademark in different aspects. This is recommended for New Proposed Registration Companies to get register for a trademark before Company Registration in Pakistan. By TM-48, Form power of attorney is given to the lawyer or agent by the applicant under the Trade Mark Rules 2004. It is furnished on a stamp paper worth Rs.1000/-.

Some Important Searches before Registering Trademark Application

Though it is not a milestone or a mandatory but good companies always make a background search before filing a trademark application. It is optional but advisable to search for the appropriate mark before applying for trademark registration. There are two significant benefits to this search.

  1. It will cross-check the proposed trademark for an identical or similar mark of any other company. It will open up the ideas for a unique trademark that has the least similarity with any other company’s mark.
  2. If two companies select the same or similar trademark, the IPO grants registration to the first party that uses this trademark. In this case, the other company may infringe on the trademark right of the first company and is liable for a remedy under the law.

The company with a registered trademark can firstly sue any other company with a similar or identical mark. Thus this trademark search is an examination to check if a trademark is explicit for adaption or it has any risk involved with infringing the right of any other company.

Trademark Application Filed Via Classification

The request for a trademark is filed concerning a specific class or classes of goods or services. There are 45 classes in which a brand’s products or services may fall. From class 1 to 34 classified as goods and class 35-45 relates to services. This classification is under the Trademark Ordinance 2001 that is an adoption of the Nice Classification (NCL) of Goods and Services, set by Nice Agreement (1957).

Colors To Claim

The Trademark Ordinance 2001 acknowledges a color(s) to be also a part of a registration for a trademark. As per the act, the registration may involve a limitation of color, without it, or a combination of colors. Generally, when a trademark registered along with a color, it is binding on all other colors too. Any application with a limitation of colors follows the same protocol as the applications without a restriction of color(s).

A Complete Guide For Trademark Registration In Pakistan

The applicant (representing a company/brand) applies for a Trademark Search by filling the “TM Form 55” with the required trademark. The TMR office searches for it to check if a similar trademark already exists or not. It is to check the originality of a trademark.

If there is no similar trademark found, then the application moves to the next stage.

If there is a similar trademark registered, the applicant asked to give another mark for search by filling a new form. This trademark search is not mandatory but optional. However, it is highly recommended by the TMR office to avoid disputes among companies for similar trademarks in the future.

Ideally, when the search finds no similar result on the proposed trademark, the applicant fills an Application Form called TM form 1 or TM formed 2 (whichever applies to him) for registration. The goods and services of a company fall under different classes given in the Trademark Ordinance 2001. At this stage, the application must contain the following documents.

The prescribed Application Form (TM Form 1 or TM Form 2)

Total eight copies of the proposed trademark that may be a word, symbol, logo, features, image, etc.

A complete list of goods or services, which are represented by the trademark

A proof of payment in the name of the respective administrator that is Director General IPO Pakistan

After submitting all these documents, an acknowledgment report sends to the applicant. It takes no more than 15 days from the submission date. He further notified about the Examination Report within three months of application.

If the application faces any objection regarding the content or the proposed trademark, the Registration Office issues a Show Cause notice to him. It has a response time limit of two months, and by this period, it must clarify the objections, or the application for registration canceled.

When there are no objections made on the application, the trademark is then allowed to publish in the monthly digital Journal published by IPO (It is accessible at IPO’s website for online viewing).

This digital Journal has free access for the public; anyone can view the proposed trademarks for which registration applied.

In case of an objection from a party or company, IPO takes action by filling the Form TM-5 or TM-8, whichever applies to it. These forms are to request the investigation of the trademark application.

The applicant asked to submit his defense against the object by filling the form Forms TM-6 or TM-9 (whichever applies).

When there is no objection pointed within two months of publishing the trademark in the online Journal, the request for trademark registration is accepted. The applicant asked to pay the trademark registration fee and fill the TM Form 11 to obtain the trademark registration certificate.

Once the applicant completes the payment, Trademark Registration Certificate is issued. The trademark required renewal every ten years. The applicant has to fill TM Form 12 along with the renewal fee for it.

Trademark Registration Process in Pakistan

Trademark Registration Process in Pakistan

Price for Trademark Forms

As mentioned in the registration procedure, there are several forms required to be filled by the applicant. Each one of them has a different price. The revised charges list is available on the official website of IPO. Following is the list of some major forms along with their price.

Form Type Purpose Fee
TM-01 Application of registration for trade mark for goods/services and register a domain name 3000
TM-02 Application of registering specific goods/services 3000
TM-05 Notice for dispute 9000
TM-06 Answer to the notice of dispute 1500
TM-09 Counter-statement in reply to the notice of dispute 1500
TM-11 Application of registration for certificate 9000
TM-12 Renewal of a trademark 15000
TM-13 Application for restoring a removed trademark 3000
TM-55 Application for request of the search of trademark 1000

Issuance Of Trademark Registration Certificate

Once the trademark is registered, the Registrar shall issue a certificate called Registration Certificate of a trademark. After obtaining this certificate, the applicant/company may use the symbol (®) for their brand. It is necessary to know that if a trademark is not used for five years and three months consecutively from the date of registration, it may become cancel on account of non-usage.

The Validity Of Trademark Registration Certificate in Pakistan

A Trademark Certification is valid for ten (10) years from the date of application. However, it is renewable under section 35 of the Trademark Ordinance 2001 after this time.

Process For Trademark Renewal

Section 35 of the Trademark Ordinance 2001 explains that a trademark renewed after the expiry of the applicant applies within six (06) months from the expiry date. The applicant is required to fill two forms; one for trademark certification renewal (Form TM-12) and second for the payment of surcharge (Rs. 15,000/-) for one trademark. If the application of Trademark renewal does not follow the time limit of six (06) months, the Registrar is authorized to remove the registered trademark from the Register. In this situation, the applicant needs to apply for the restoration of the trademark by filling (Form TM-13) from the Trade Mark Rules, 2004.

The restoration fee for restoration of a trademark is Rs.3000/-, and such an application is accepted only between six (06) months to 1 year (12 months) from the date of expiry of trademark registration.

How Much Time Does It Take To Register A Trademark?

Based on extensive experience, the trademark registry from the time of applying for the issuance of the trademark registration certificate average process time takes more or less 18 months.

Where To Seek Help For Trademark Registration?Registration?

The complete guideline on trademark filing is available at IPO’s official website. In case of a problem, contact persons at the Trademark Registration Office assist the official helpline or online support system. The contact list is available at IPO’s website.

Where To Seek Help For Trademark Registration in Pakistan?

The complete guideline on trademark filing is available at IPO’s official website. In case of a problem, contact persons at the Trademark Registration Office assist the official helpline or online support system. The contact list is available at IPO’s website.

Why Select Tax Care For Trademark Registration Service?

The highly skilled attorneys at Tax Care specialize in filing registration of trademarks for its clients. The expert advice, along with timely submission of complete documentation, ensures the Registration Certificate for a company/services within minimum time.

Offices For Filing Application For Trademark Registration in Pakistan.

1. Karachi (Head office)

2. Lahore (Regional office)

3. Islamabad (Regional Office)

Helpful Links

  1. Trademarks: Classification of Goods and Services Clicking Here
  2. FAQs on trademark are accessible by clicking Here
  3. Monthly trademark Journal published by IPO can be viewed by clicking Here

To Trademark Registration in Pakistan

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