Pakistan registers trademarks under the Trade Marks Ordinance, 2001, read with the Trade Marks Rules, 2004, through the Trade Marks Registry of the Intellectual Property Organization of Pakistan. The mechanics are familiar to anyone who has filed in the region, with one difference that shapes every budget: an application covers one class only.
Quick reference
| Law | Trade Marks Ordinance, 2001; Trade Marks Rules, 2004 |
| Office | Trade Marks Registry, IPO-Pakistan — Karachi and Lahore |
| Application form | TM-1 |
| Classes per application | One. Multi-class applications are not accepted |
| Classification | Nice — classes 1–34 goods, 35–45 services |
| Basis | Use in Pakistan, or intent to use |
| Convention priority | Six months from the first filing, for Paris Convention and WTO members |
| Priority document | Certified copy within three months of the Pakistani filing date |
One class, one application
This is the point that catches portfolio managers coming from India or the European Union. Pakistan does not accept multi-class applications. A mark that needs protection in four classes is four separate applications on Form TM-1, four sets of fees, four examination reports and four files to docket.
It affects more than cost. Each application is examined on its own, so one class can be accepted and advertised while another sits under objection. A portfolio that looks like a single mark in your records is several independent registrations in Pakistan, each with its own number and its own renewal date.
Who can apply
The proprietor of the mark, or someone intending to use it. There is no requirement that the applicant be Pakistani or have a place of business in Pakistan, but a foreign applicant needs an address for service in Pakistan, which in practice means instructing a local agent.
The agent is authorised on Form TM-48. Confirm the current execution formalities with the agent before signing — published guidance is not consistent on whether notarisation or stamping is expected, and the requirement is cheap to satisfy correctly the first time.
Use or intent to use
An application can be made on the basis of use already made in Pakistan, in which case the date of first use is claimed, or on an intent to use basis where the mark has not yet been launched there.
Claiming a use date that cannot be supported is a poor idea. It is the kind of statement an opponent will test, and the evidence requirement at renewal — discussed in the renewal guide — eventually asks the proprietor to show that the mark has in fact been used.
Convention priority
Pakistan is a member of the World Trade Organization and the Paris Convention, so an applicant who has filed the same mark in another member country within the previous six months can claim that earlier date.
The claim is made at filing, and a certified copy of the priority application must follow within three months of the Pakistani filing date. That is a short window for a document that has to be ordered from a foreign office, legalised in some cases, and shipped — it is worth requesting the certified copy at the same time as instructing the Pakistani filing rather than afterwards.
What to settle before filing
- The mark as it will be used. Word, logo, or both. A logo filing protects the logo; it does not give the word the same reach.
- The specification. What goods or services, in which class. Over-broad specifications invite objection and, later, non-use attack.
- A search. Pakistan examines on relative grounds, so an earlier conflicting mark will be cited. Finding it before filing is cheaper than finding it in an examination report.
- Who owns it. The applicant named is the proprietor. Changing it later is a recordal with its own form and fee.
After filing
The Registry issues a filing receipt with the application number, then the file waits for examination. What follows — the examination report and the two months to answer it, advertisement in the Trade Marks Journal, and the opposition window — is covered in the examination and opposition guides.
Frequently asked questions
Can I file one trademark application covering several classes in Pakistan? No. Pakistan accepts single-class applications only. Each class requires its own application on Form TM-1, with its own fee, examination and registration.
Do I need to be based in Pakistan to apply? No. There is no nationality or residence requirement, but a foreign applicant needs an address for service in Pakistan, which in practice means appointing a local agent under a power of attorney.
How is a Pakistani agent authorised? On Form TM-48. The Rules prescribe the form but published guidance differs on whether notarisation or stamping is expected in practice, so confirm the current formalities with your agent before executing it.
Can I apply before using the mark in Pakistan? Yes. An application can be filed on an intent-to-use basis, as well as on the basis of use already made in Pakistan.
How long do I have to claim priority from an earlier foreign filing? Six months from the first filing in a Paris Convention or WTO member country. The certified copy of the priority application is due within three months of the Pakistani filing date.
Which classification does Pakistan use? The Nice Classification — classes 1 to 34 for goods and 35 to 45 for services.
Useful official resources
- Intellectual Property Organization of Pakistan — forms, fees and the Trade Marks Registry
See our related notes on trademark protection in Pakistan, examination and objections and opposition.
Planning a filing programme in Pakistan, or working out how many applications a portfolio actually needs? Talk to us.