Trademark is a unique mark that represent the business of its owner. Trade mark can be name, symbol or muster of both and is registered with Intellectual Property Organization in Pakistan. Registering a Trademark offers the owner or proprietor of Trademark to display and use the same without fear of any third person using the same to take undue advantage over business of owner or proprietor. Registration of Trademark gives owner or proprietor exclusive right to use, assign or license such mark without which no person could legally use the mark closely identical or similar to registered Trademark in a particular classification in which it is already registered. Here is a link for the complete procedure for registration of a trademark in Pakistan
If you are aggrieved from some person’s act of using similar or identical Trade mark, our professional lawyers can assist in protecting your legal right. We can help you in protecting your goodwill in business. We can not only assist you in preventing the perpetrator from using similar, identical or deceptive logo or mark, but also proceed to initiate criminal proceedings against him not limited to Registration of FIR but also to proceed claim of damages in the Court of relevant jurisdiction.
Over the period of time, it is now established that Intellectual property issues are of paramount important for success of any business brand. Our foreign qualified lawyers at Hamza & Hamza Law Associates help clients register and subsequently protect and enforce their Intellectual property not limited to trademarks against all or any deceptive display or use of identical or similar marks. Another edge our IP lawyers have over other is because of routine encounter with IPO cases that let us edge over others. Hamza & Hamza Law Associates intellectual property lawyers main deal is to secure the IP Rights for our clients so as to offer outmost benefit from business competition in local market. Our quality of service also come with very cost-effective tariff.
Infringement of Trade Marks
Owner or proprietor of registered Trademark are protected under Section 39 and 40 of the Trade Marks Ordinance 2001 which provide that any person who uses or display the mark for a business, which is similar or identical to goods or services for which that mark has been registered, such act shall be deemed to be the infringement of the registered trademark under Section 40.
Action for Infringement
Different remedies available to proprietor or owner of Trademark are provided under Section 46 as follow:
• Rendition of Accounts; or
• Any other remedies which are available to the person having some other property rights.
Holistic reading of The Trade Marks Ordinance 2001 confirm that both civil and criminal remedies are available to owner or proprietor who is aggrieved of infringement or passing-off of Trademark.
It is the IP tribunal which has exclusive jurisdiction to try any suit seek relief against infringement or passing-off of Trademark. On the other hand any objection qua registration of trademark are usually filed with Registrar IPO which may in case of pendency of suit before IP Tribunal shall transfer the same to IP tribunal to decide the same.
Another important aspect to consider in the benefit of proprietor or owner of TM is that in case of infringement or passing-off, notice in writing to the Collector of Customs can be given who can seize and destroy such goods as a result, if satisfied that such goods are direct infringement of trademark registered in name of owner or proprietor.
Place where the suit has to be instituted
Suit for infringement or passing-off is to be filed under Section 117 of the Trade Marks Ordinance 2001 before District Court who shall have powers of Tribunal within meaning of definition entailed in law.
Our Services :
Hamza & Hamza Law Associates is known for securing the IP Rights for our clients to the maximum competitive advantage against exploitation and safeguarding their intellectual assets. For more information please feel free to call us.