Every application in Pakistan is examined before it is advertised, and the examiner looks at two separate questions: whether the mark is capable of registration at all, and whether it conflicts with something already on the register. An objection on either footing arrives as an examination report with a deadline attached.
Quick reference
| Grounds examined | Absolute and relative |
| Reply period | Two months from receipt of the examination report |
| Extension | Up to a further three months |
| If no reply | The application does not proceed |
| Hearing | Available where objections survive the written reply |
| After acceptance | Advertisement in the Trade Marks Journal, then the opposition window |
Absolute grounds
These go to the mark itself, regardless of what anyone else has registered. An objection on absolute grounds usually says the mark is descriptive of the goods or services, is a term others in the trade would legitimately want to use, is devoid of distinctive character, or is otherwise barred — deceptive marks, marks contrary to public order or morality, and marks whose use is prohibited.
The answers available are argument and evidence. Argument: that the mark is suggestive rather than descriptive, that the combination is distinctive even where the parts are not, that the trade does not use the term in that way. Evidence: that the mark has in fact become distinctive through use in Pakistan — which needs sales, advertising and reach, not assertion.
Relative grounds
These concern earlier marks. Pakistan examines them, so the Registry will cite a conflicting application or registration rather than leaving it to the owner to oppose.
The responses are the familiar ones: distinguish the marks, distinguish the goods or services, limit the specification so the conflict falls away, obtain the earlier proprietor’s consent, or challenge the cited mark — if it is vulnerable to non-use, that is a separate action but it can clear the path.
The two months, and the three after it
A reply is due within two months of receipt of the examination report. That period can be extended by up to a further three months — but the extension is requested and granted, not assumed, and the request belongs inside the original two months rather than after it.
Five months is the practical outer limit for a written reply. It is enough time to gather evidence of distinctiveness or to negotiate a consent, provided the work starts when the report arrives rather than when the extension is running out.
What a good reply looks like
- Answer every objection raised, in the order raised. A reply that addresses the citation but ignores the descriptiveness point leaves the application where it was.
- Where evidence of use is relied on, date it. Undated brochures and screenshots carry little weight. Invoices, advertising spend, and dated promotional material carry more.
- Where a limitation would resolve the conflict, offer it. A narrower specification that registers is worth more than a broad one that does not.
- Where consent is the answer, start early. Getting a letter of consent from a foreign proprietor takes longer than the two months allows if it begins late.
Hearings
Where objections survive the written reply, the Registrar may hear the applicant before deciding. The hearing is the opportunity to meet the examiner’s remaining concerns directly, and it is worth attending rather than resting on the written reply.
Acceptance and advertisement
Once the objections are cleared, the application is accepted and advertised in the Trade Marks Journal. Acceptance is not registration: advertisement opens the opposition window, and only after that closes without a successful opposition does the mark proceed to registration. That stage is covered in the opposition guide.
Frequently asked questions
How long do I have to respond to a trademark examination report in Pakistan? Two months from receipt of the report, extendable by up to a further three months on request — five months in all.
What grounds does the Pakistani Registry examine? Both absolute grounds, which concern the mark itself, and relative grounds, which concern conflicts with earlier marks. The Registry raises earlier-mark conflicts itself rather than leaving them to opponents.
What happens if I do not reply to the examination report? The application does not proceed. The reply period is the opportunity to save it, which is why the extension should be requested inside the original two months.
Can a descriptive mark be registered in Pakistan? Only on evidence that it has become distinctive through use in Pakistan. That means dated evidence of sales, advertising and recognition, not an assertion that the mark is well known.
Will a letter of consent overcome a cited earlier mark? It is one of the routes available, alongside distinguishing the marks or goods and limiting the specification. Consent takes time to obtain from a foreign proprietor, so it should be started as soon as the citation is received.
Is there a hearing before refusal? The Registrar may hear the applicant where objections remain after the written reply. It is worth attending.
Useful official resources
- Intellectual Property Organization of Pakistan — the Ordinance, the Rules and the Trade Marks Journal
See our related notes on filing a trademark in Pakistan, opposition and trademark protection in Pakistan.
An examination report from Pakistan with the clock running? Talk to us.