Legal notes to trademark registration in Pakistan

Legal notes to trademark registration in Pakistan

Trademark registration in Pakistan. Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the world’s fifth-most populous country, with a population exceeding 225.2 million, and has the world’s second-largest Muslim population. Pakistan is a middle power and has the world’s sixth-largest standing armed forces. It is a declared nuclear-weapons state and is ranked amongst the emerging and growth-leading economies, with a large and rapidly-growing middle class. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in Pakistan.

Necessary documents for trademark registration in Pakistan

Necessary documents for trademark registration in Pakistan include:

  • Detailed information of the applicant (name, address, nationality, etc.);
  • List of goods and/or services;
  • Representation of the trademark (.jpeg file);
  • Priority documents (If any).
  • Other required documents.

The procedure of trademark registration in Pakistan

To obtain trademark protection in Pakistan, the applicant needs to submit their trademark application to the Trade Marks Registry (TMR) of Pakistan. The Trade Marks Registry (TMR) is the premier body of the Intellectual Property Organization of Pakistan (IPO-Pakistan).

After receiving the application, the examiner at the Pakistan IP office will examine the application to determine if the application complies with the regulations of the Pakistan IP Law.

If there are no errors detected, the trademark application will be accepted and published in the Trademarks Journal.

After the publication, there will be a 2 months period in which any interested parties may file an opposition to the registration of the mark.

If there is no opposition, the trademark will be registered and will have a protection period of 10 years from the date of filing.

Trademark validity period and renewal

The Pakistani trademark can be renewed unlimited times, each renewal will extend the protection period for another 10 years.

Previously, the initial registration of the trademark is valid for a period of 7 years in respect of applications filed prior to April 12, 2004, renewable for a period of 15 years from the date of the expiration of the original registration, or from the last renewal of registration.

Now, the initial registration of a trademark filed after April 12, 2004, is valid for 10 years and renewable for a period of 10 years.

Use requirement of the trademark in Pakistan

Although it is not required to use the trademark before filing the application, the trademark must not be unused for 5 years following the date of completion of its registration procedure.

Benefits of trademark registration in Pakistan

To obtain trademark protection as well as the tools needed to protect the trademark, brand against other shady third parties who might steal or misuse the trademark for personal profits, one needs to register their trademark.

If registered, the applicant will be awarded the following benefits:

  • To be granted an exclusive right to use the mark and attach its identity to the goods produced or rendered by the trademark owner.
  • To be granted prima facie evidence of ownership and validity.
  • To be able to prevent the unfair competitors from using the registered mark.
  • To be granted the rights to use the registered trademark or other suitable abbreviations to demonstrate ownership of the trademark.

You can see a list of Pakistan IP firms here.