As well as registration of service marks in Pakistan and around the world. We offer their client a free legal advice service regarding all aspects of Intellectual Property. Our flowchart is showing easiest way to understand Trademark Registration Process in Pakistan:
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7 steps procedure for Trademark Registration in Pakistan:
The Trademarks Ordinance 2001 gives owners the right to protect their trademarks. This law applies throughout Pakistan. Once a trademark is registered by a registrar, you become the legal owner of the respective trademark.
Furthermore, Trademarks are an important step in protecting your logo, brand, and products, making your business unique. We reduce the number of your competitors and protect you in case of copyright issues. We have several trademark consultations in Pakistan. Many intellectual and law firms exist to protect brands, ideas, symbols, and names, as there is no possibility of asset theft. Our assistance will guide you through every step of the trademark registration process. The following steps are related to trademark registration in Pakistan.
First Step:
Search for Trademark;
It is highly recommended to conduct a trademark search in Pakistan prior to registering a trademark and service mark. This statutory form TM-55 must be filed with the Trademark Registry with the official fee attached in due course. Once an application has been submitted, Trademark Registry staff should examine the availability of the trademark. After this search, it is easy to produce a result that is an identical or similar trademark, as opposed to this trademark, and whether the trademark registration is acceptable or not.
Second Step:
Filing an Application for Registration of a Trademark:
After the search, an application for registration is submitted. This is a form called “Trademark Form TM 1”. This form contains the name of the applicant, the trademark of the applicant, the type of product, and a description of the services. The applicant must indicate the goods and products for which the trademark is registered. The application file on the prescribed TM Form-1 if the priority claims TM Form-2. Form fill up with the following detail:
- Full Name of the Applicant.
- Nationality or place of incorporation. Business address.
- A list of goods/services for which the trademark is registering.
- The class of goods covered by the applicant.
- If the mark is a label mark, then the label will past on Form
- The period of use of the trademark if the trademark is using in Pakistan.
- Color may be claimed if the trademark is in color and the applicant wants to claim a color.
- The applicant is a manufacturer and merchant or both, it will mention.
- Application Form TM-1 or TM-2 will file along with 6 representations of the clear images of the (Word, Symbol, Logo, 3D Features, Device, Design, etc.) apply for.
- The fee will Pay in the name of the respective administrator (The Director-General of IPO Pakistan) along with the Application.
- Duly signed Power of Attorney also necessary to file in the Trade Marks Registry with the application and after filing the application.
Third Step:
Documents for Trademark Registration:
- Through an Advocate/Agent/law firm, Form TM-48 (Power of Attorney) duly stamped and Notarized will be required.
- The authorized agent acts on behalf of the applicant and conducts correspondence on behalf of the applicant.
- For filing an application Pay Order/Bank Draft worth Rs. 3000/- in the name of the Director General IPO will be required.
Fourth Step:
Register Process will be Started:
After submitting the application within 7 working days, a receipt will be issued indicating the application number, after registration this number will be called the registration number.
Then the application enters the examination section of the Trademark Register. When the trademark examiner reviews the application and examines the details of the application and checks if they are relevant to the documents. If any defect is found in the Trademark Registry.
This process will take approximately 3 months from the date of application. If there is an objection to a claimed trademark, the trademark examiner will immediately inform the applicant in a notice of reasons form. The Applicant must submit a response within two months from the date of issuance of the Notice of Cause;
Fifth Step:
Examination Section (Qualifying Exam):
It is possible that after the reply to the show cause notice the Registrar of Trade Marks will be satisfied and accept it for publication in a monthly trademark magazine. It is also possible that he is not satisfied and issues a hearing notice. On the date of the hearing, the applicant or the advocate for the applicant appears at the date of the hearing and argues the matter before the Examiner of Trademarks. In this case, two things can happen: The Trademark Examiner accepts or rejects the application. Remember that the Trademark Magazine is published monthly on the IPO website.
Sixth Step:
Trademark Advertising:
Once the application is approved, the application will be published in the Trademark Journal. If no opposition is filed against the published application within two months from the date of publication in the trademark journal. The application will be accepted and a Notice of Request will be issued to the applicant requesting submission of Form TM-11. 9,000/- to issue a registration certificate.
After publication, similar or identical marks may also challenge the published mark on Form TM-5. Opponents respond on Form TM-6. After fixing the disputed request, it was moved for further action.
Seventh Step:
Certificate issued after Registration of a Trademark:
After the publication of the trademark in the monthly magazine, if no opposition is found within the prescribed period, the Trademark Registry will send a demand notice to the applicant to pay the fee. The applicant deposit fees from the scheduled bank in form of a pay order/ bank draft in the name of Director General IPO-Pakistan for issuance of the Registration Certificate and upon the receipt of the registration fee, the Registration Certificate is issued by the Registrar of Trademarks to the applicant.
Renewal of Trademark:
Trademark registration is valid for ten (10) years from the filing date of the application and may be renewed upon payment of a fee in accordance with Section 35 of the Trademarks Ordinance 2001.
Domain Name Registration:
Our IP Law Firm can also assist you with Trademark Registration as well on the Internet and domain name issues, media and advertising law, packaging, labeling, regulatory requirements, trade secret protection, and related data protection.
What is a Domain Name?
A domain name is a unique string of letters that is part of an Internet address. It also generally accepted that a domain name should become the same or similar to a trademark or Company name.
The domain name and brand names can sometimes look the same even though they are completely different from each other.
Distinguish between Trademark and domain name:
Domain names used to locate and bring users to a specific website or place on the internet. Even the trademark is any sign which can tell apart your goods and services from those of your competitors.
A business usually uses a business name, name, or another business name such as its name. However, unlike the trademark, Domain names are as follows:
Globally
Different and Unique by its nature
Domain name can’t share between two websites
Registering a domain name does not automatically entitle you to the corresponding trademark. You can only obtain this directly after registering the domain name with Trade Marks Registry as a trademark. Domain register by the concerned authority, who gives exclusive usage rights to the owner for a period of 10 years, which can be renewed for a further period after payment of an extension fee.
You can register a domain name if it is not using by someone else. Avoid registering a domain name that uses or is similar to a competitor’s brand name or trademark, as this could lead to litigation.
In most cases, a domain name can help protect your business’s identity, reputation, and profits. Feel free to contact us if you want to register a domain name as a trademark.
What time is required to register a trademark in Pakistan?
A straight forward Pakistan Trade Mark application takes approximately 1 or 1 ½ years to nature registration, which includes the time taken in Examination and publication in the Trade Marks Journal for inviting opposition. But we promise to Trademark Registration as per your requirement.
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