What is a trade mark?
A trade mark is a legal right bestowed on any person who pre-applied for protection of his brain child business. Trade mark can be a sign, logo, symbol, word or combination of all or any of above that a person can use to distinguish their business’ goods or services from those of other traders. Once registered, trade mark is protected against any of its infringements by any person whatsoever.
Benefits of registering a trade mark
In Pakistan it is not compulsory to register a trade mark. However, without registering a trade mark same cannot be claimed and no infringement in this behalf can be established in favor of a person. If you register a trade mark in relation to your goods and/or services, you are effectively gaining a legal monopoly of your business. A trade mark can add value to your business because it can be used to protect your brand that makes you different from others in the market.
Trademark Registration Procedure in Pakistan
Trade Marks are registered and protected under Trade Marks Ordinance, 2001 in Pakistan. For a purpose of registration of Trade Mark following procedure is commonly adopted:
Application seeking nation-wide search of Trade Mark.
Filing of Trademark Application.
Preliminary Examination by Registrar of Trademarks Pakistan.
Hearing for objections from Public at Large.
Submission of material confirming Trade Mark use.
Decision on Trade Mark.
Publishing of Trademarks Journal of Pakistan.
Renewal of Trade Mark
A trademark registration in Pakistan is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years, where after the Trade Mark is to be applied afresh. It should be noted that trademark rights generally arise out of the use or to maintain exclusive rights over that sign in relation to certain products or services, assuming there are no other trademark objections.
Trade Mark Classification
In Pakistan Trade Marks are classified under 45 classifications having signatory to International Nice Classification (Agreement) based on Geneva accord executed by 75 Countries. Idea is to register Trade Mark under these classifications capable of distinguishing your goods or services from similar Trade Mark of other classified business sectors. Moreover, trade mark can conveniently be registered in more than one country under same classification to avoid complexity.
Legal statutory remedy against infringement of Trade Mark
Trade Mark having been registered, is protected under the Trade Mark Ordinance, 2001 and in terms of the said law any such person aggrieved of infringement can instantly approach Court of law for interim relief so as to restrain a person from using such Trade Mark. Moreover, a suit for damages can be filed claiming general loss arising out of falsification, counterfeit and undue advantage, as a substantial relief.
Whereas a simultaneous criminal course can also be adopted for prosecuting a person having committed an offence of infringement by lodging First Information Report (FIR) with respective police station in terms of offences mentioned under Section 478 – 489 of Pakistan Penal Code 1860.
In case your genius brain child business is ready to be established and you fear theft of your business name or recognition, we at Hamza and Hamza can assist you in holding and establishing a statutory business right against such potential theft of name and recognition of your valued business. We are professionally engaged by our client in all matter pertaining to Intellectual rights including the following:
Nation-wide trade mark search report
Applying for Trade Mark registration
Trade Mark filling
Make representations before respective IPO authority
Trademark Publication in Trademark Journal
Objecting a Trade Mark Application.
Applying Trade Mark Certificate
Renewal of Trade Mark in Pakistan
Filing of litigation against infringement or Trade Mark
Contesting Litigation with regard to Trade Mark
Trademark Enforcement and Protection in Pakistan
Processing of Documents and record for Trade Mark registration