Do you know the importance of a trademark and want to know how to register a trademark in Pakistan? Yes? So you are ready to move further and learn how you can register a trademark in Pakistan. Keep reading so that you learn how to register a trademark in Pakistan that can secure your business in Pakistan and earn you more from sale of your product or service.
Search before you apply to register a trademark in Pakistan
Would you like to apply to register a trademark in Pakistan that is already registered or is identical or similar to an earlier registered trademark? This will be a big mistake. Never apply to register a trademark without before searching what trademarks are already registered related to your business, products, or services. An application without proper search may invite objections from the registrar of trademarks himself or by an interested party on an opposition. To avoid this your first step in all cases should be to conduct a thorough search of the existing trademarks. A comprehensive search will save you time, money, and loss of business. So before applying for registration conduct a search yourself or through an expert.
Procedure to register a trademark in Pakistan
Once you have conducted a search and are satisfied that your application will not invite any objections, the next step is to file your application to register a trademark in Pakistan. The application process to register a trademark in Pakistan is completed in four steps:
- Initial scrutiny by Registrar
- Publication in trademark journal to invite public objections
Application to Register a Trademark in Pakistan
The first step to registering a trademark is to file your application on the prescribed form TM-1 in duplicate.
In Form TM-1 you will provide information about yourself (as an applicant), your business (including address), the trademark you want to register, and the duration you have been using the trademark (or a future time).
In addition, you will have to provide details if you want to claim a particular color for the trademark and it’s a domain name, does it relate to goods or services?
Remember, one application can be filed in one class and if you want to register a trademark in more than one class, you will have to file a separate application in each class. Trademark Classes represent certain goods and services in a particular category.
Documents required to register a trademark in Pakistan
You will have to file the following documents for your application:
Representation of the trademark (six copies)
Documents related to your business entity
Applying to register a trademark through an attorney
You can apply to register a trademark in Pakistan on your own but you also have the option to file your application through a duly constituted attorney. An expert attorney will guide you on the most suitable course of action and can help you file your application properly to avoid objections from the registrar or claims from third parties.
If you decide to engage an expert as your trademark attorney, you will have to file TM-48. If you are a Pakistani citizen and present in Pakistan, you will to the form-48 on a stamp paper of the appropriate denomination. In case you are a foreigner or not present in Pakistan, a duly notarized power of attorney document would be required to appoint an attorney.
Your appointed attorney will be in communication with the registrar and he will take care of all the steps required to register the trademark in Pakistan.
Application fees to register a trademark in Pakistan
Once your application is completed and you or your attorney is ready to apply, you or your attorney will pay an initial fee in the form of a pay order/bank draft.
Acknowledgment of Application for registration of the trademark
The registrar’s office will issue an acknowledgment (which may take 10-15 days) of receiving your application with an assigned application number. This number will be your reference number for all future correspondence with the registrar.
Scrutiny by the Registrar
An examination office will generate a report on your application after 3 months of applying. If the examination officer raises any objection to the trademark application, he will issue a Show Cause Notice to you or your appointed attorney. The objections may be related to non-compliance with legal provisions or he may have objections based on the already registered or pending trademarks. You will have to respond to the Show Cause Notice within two months from the date of issuance of a Show Cause Notice.
Publication in the Trademark Journal
If the examination officer does not raise any objection or is satisfied with your response to the Show Cause Notice, he will forward your application for publication of the applied trademark in the trademark journal. The purpose of the publication is to invite the public to file any objection/opposition to the applied trademark.
Any interested party may within a period of two months (extendable to four months) file an opposition to your trademark on the grounds of being identical, similar, or confusing. The registrar will fix a hearing and decide the matter under the law, which may go into court on appeal.
Acceptance of Application and Registration
If you successfully defend the opposition or there is no within the prescribed time, the registrar will accept your application. In such a case he will issue a demand notice for payment of the prescribed fee along with Form TM-11. Upon payment of the fee, the registrar will then proceed to register the trademark (with or without any conditions) and issue a certificate of registration.
Validity of Trademark Registered in Pakistan
Under the law, a trademark registered in Pakistan will be valid for 10 years from the date of application to register the trademark, unless invalidated or revoked. However, if you wish you can apply for renewal of the trademark for unlimited successive terms of ten years. This means if you register a trademark in Pakistan, it will be yours for an indefinite time unless invalidated or revoked.