Trademark Registration in Pakistan & FAQ About Trademark

Trademark Registration Service by Senior Trademark Attorneys

For trademark registration in Pakistan, applicants must meet specific filing requirements. The following sections outline the necessary documentation and procedures for trademark registration, renewal, search, assignment, license agreement, merger, change of name, change of address, and obtaining a certified copy of registration

Filing Requirements for Trademark/Service Mark Applications

To file a trademark or service mark application, the following documents are required:

Power of Attorney: A notarized and signed Power of Attorney on Form TM-48, signed in two places marked by X.
Transliteration and Translation: Provide transliteration and translation of non-English words in the mark.
Use in Pakistan: Confirm whether the mark is in use in Pakistan or proposed to be used, and specify the period of use if applicable.
Nature of Business: Describe the nature of the applicant’s business (e.g., manufacturers, merchants).
Applicant Information: Provide the name, address, and nationality/domicile of the applicant.
Goods Specification: Specify the goods on which the mark is applied.
Mark Specimens: Submit 12 specimens of the mark (not required for word marks).
Priority Claim: If claiming priority, provide a certified copy of the application with the filing date, number, and country.

Renewal of Trademark/Service Mark Registrations

To renew a trademark or service mark registration, submit:

Power of Attorney: A notarized and signed Power of Attorney on Form TM-48.
Registration Certificate: A copy of the Registration Certificate.

Search

For a trademark search, provide:

Mark Prints: Prints of the mark (not needed for word marks).
Classes or Goods: Specify the classes or goods to be searched.

Recording an Assignment

To record an assignment, submit:

Power of Attorney: Notarized Power of Attorney on Form TM-48 from each party.
Deed of Assignment: A duly notarized deed of assignment executed by both parties.
Registration Certificate: A copy of the trademark registration certificate.

Recording a License Agreement

To record a license agreement, provide:

Power of Attorney: A notarized Power of Attorney on Form TM-48.
License Agreement: A notarized or legalized license agreement document.
Registration Details: Trademark registration number and class.

Recording a Merger

To record a merger, submit:

Power of Attorney: A notarized Power of Attorney on Form TM-48.
Merger Document: A notarized or legalized merger document.
Registration Details: Trademark registration number and class.

Recording Change of Name

To record a change of name, provide:

Power of Attorney: A notarized Power of Attorney on Form TM-48 in the new name and/or address.
Certificate of Name Change: A notarized certificate proving the change of name or address.
Registration Certificate: A copy of the trademark registration certificate.

Recording Change of Address

To record a change of address, submit:

Power of Attorney: A notarized Power of Attorney on Form TM-48 in the new name and/or address.
Certificate of Address Change: A notarized certificate proving the change of address.
Registration Certificate: A copy of the trademark registration certificate.

Obtaining a Certified Copy of Registration

To obtain a certified copy of registration, provide:

Power of Attorney: A notarized Power of Attorney on Form TM-48.
Registration Details: Trademark registration number and class.

FAQ About Trademark Registration in Pakistan

1. What is trademark registration?

Trademark registration is the process of legally protecting a unique name, logo, symbol, or design that distinguishes your goods or services from others in Pakistan.

2. Why is trademark registration important in Pakistan?

Trademark registration in Pakistan helps secure exclusive rights to your brand, prevents unauthorized use, and enhances your business’s credibility.

3. Who can apply for trademark registration in Pakistan?

Any individual, company, or organization engaged in trade or business in Pakistan can apply for trademark registration.

4. What types of trademarks can be registered in Pakistan?

You can register names, logos, symbols, slogans, designs, sounds, and even colors as trademarks in Pakistan.

5. Which authority handles trademark registration in Pakistan?

The Intellectual Property Organization (IPO) of Pakistan manages trademark registration.

6. What is the validity period of trademark registration in Pakistan?

A registered trademark in Pakistan is valid for 10 years and can be renewed indefinitely.

7. Can a foreigner apply for trademark registration in Pakistan?

Yes, foreigners can apply for trademark registration in Pakistan, usually through an authorized local attorney.

8. What documents are required for trademark registration in Pakistan?

Required documents include a copy of the applicant’s CNIC or passport, a representation of the trademark, a signed power of attorney, and a list of goods or services.

9. How much does trademark registration cost in Pakistan?

The cost of trademark registration in Pakistan varies, depending on government fees and attorney charges.

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

Trademark registration in Pakistan typically takes 6-8 months, depending on the complexity and objections, if any.

11. What is the first step in the trademark registration process in Pakistan?

The first step is conducting a trademark search to ensure your desired mark is not already registered in Pakistan.

12. Can I register a trademark for multiple classes in Pakistan?

Yes, you can apply for trademark registration under multiple classes in Pakistan, provided the application covers goods or services in each class.

13. What is a trademark class?

A trademark class is a category used to classify goods and services for trademark registration purposes.

14. What happens if my trademark registration is opposed?

If opposed, you must file a reply to defend your trademark registration application. Legal assistance may be needed.

15. Can I register a trademark that is already in use but not registered?

Yes, you can apply for registration if the mark is not registered and does not infringe on any existing rights.

16. Can two businesses use the same trademark in Pakistan?

Two businesses can’t register the same or confusingly similar trademarks for identical goods or services in Pakistan.

17. How do I renew a trademark registration in Pakistan?

You can renew your trademark registration by filing a renewal application with IPO Pakistan before the expiry date.

18. What happens if I don’t renew my trademark?

Failure to renew your trademark registration in Pakistan can result in its cancellation and loss of rights.

19. Is trademark registration mandatory in Pakistan?

Trademark registration is not mandatory but is highly recommended to protect your brand legally.

20. Can I register a trademark without a business in Pakistan?

Yes, even individuals without a registered business can apply for trademark registration in Pakistan.

21. What is the difference between a registered trademark and an unregistered trademark?

A registered trademark has legal protection in Pakistan, while an unregistered one has limited rights.

22. Can I sell or transfer my registered trademark in Pakistan?

Yes, a registered trademark can be sold or assigned through a formal agreement.

23. What is a trademark infringement?

Trademark infringement occurs when someone uses a registered trademark without permission, leading to confusion.

24. How can I prevent trademark infringement in Pakistan?

Trademark registration helps prevent infringement by granting exclusive rights to the owner.

25. What should I do if someone infringes on my trademark in Pakistan?

You can take legal action, including filing a lawsuit for damages and seeking an injunction.

26. Can I register a trademark online in Pakistan?

Yes, IPO Pakistan offers an online system for trademark registration.

27. Can I trademark a domain name in Pakistan?

Yes, domain names can be registered as trademarks in Pakistan if they meet trademark requirements.

28. Can I trademark my business name?

Yes, you can register your business name as a trademark in Pakistan to protect it from unauthorized use.

29. How do I check the status of my trademark registration?

You can check the status through IPO Pakistan’s online portal or by contacting your attorney.

30. What is a trademark search?

A trademark search is a preliminary step to ensure your desired mark is not already registered or pending in Pakistan.

31. Can I use the TM symbol before registration?

Yes, the TM symbol can be used to indicate a pending trademark registration.

32. What does the ® symbol mean?

The ® symbol signifies that a trademark is registered in Pakistan.

33. Can a trademark registration be challenged in Pakistan?

Yes, third parties can challenge a trademark registration by filing an opposition.

34. What are well-known trademarks?

Well-known trademarks have a reputation and are protected even if unregistered in Pakistan.

35. Can I file for trademark registration myself?

While you can apply yourself, hiring a professional ensures compliance with the legal requirements.

36. What is the role of IPO Pakistan?

IPO Pakistan oversees trademark registration, protection, and dispute resolution.

37. Can I register a slogan as a trademark?

Yes, slogans that meet trademark requirements can be registered in Pakistan.

38. Can I modify my trademark after registration?

You can modify certain elements of a registered trademark by filing an amendment application.

39. What is a collective trademark?

A collective trademark represents a group or association and is used by its members.

40. What is a trademark journal?

The trademark journal is a publication by IPO Pakistan listing trademarks approved for registration.

41. How do I respond to a trademark opposition?

File a counterstatement and provide evidence to support your trademark application.

42. What happens after filing a trademark application?

Your application undergoes examination, publication, and, if unopposed, registration.

43. Can I trademark a design?

Yes, unique designs can be registered as trademarks in Pakistan.

44. What is the Nice Classification?

The Nice Classification is an international system for categorizing goods and services for trademark purposes.

45. Can I register a sound as a trademark?

Yes, distinctive sounds can be registered as trademarks in Pakistan.

46. How do I protect my trademark internationally?

47. What is the Madrid Protocol?

The Madrid Protocol allows trademark registration in multiple countries with a single application.

48. What is the role of a trademark attorney?

A trademark attorney assists with searches, applications, and disputes in Pakistan.

49. What is a trademark certificate?

A trademark certificate is proof of registration, granting exclusive rights to the owner.

50. What are the benefits of trademark registration in Pakistan?

Trademark registration provides legal protection, exclusive rights, and enhanced brand credibility, ensuring your business thrives in Pakistan.

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