Acceptance in Pakistan is not the end of the road. Once an application is advertised in the Trade Marks Journal, it is exposed to opposition, and the window is short. For a brand owner, the opposition period is the cheapest point at which a conflicting mark can be stopped — and the only way to use it is to know the advertisement happened.
Quick reference
| When | From advertisement of the application in the Trade Marks Journal |
| Deadline | Two months from the date of advertisement |
| Extension | A further period, not exceeding two months in the aggregate, on application to the Registrar with the fee |
| Who may oppose | Any person — no standing requirement |
| Grounds | Absolute and relative — anything that would have barred registration |
| If unopposed | The application proceeds to registration |
Who can oppose, and when
Any person may give notice of opposition. There is no requirement to own an earlier mark or to show a commercial interest, which makes opposition available to a competitor, a trade body, or anyone who considers the mark should not be registered.
The notice must reach the Registrar within two months of the date of advertisement. That period can be extended, on application made in the prescribed manner with the prescribed fee, by a further period — but the extension is capped so that the total does not exceed two months in the aggregate beyond the original period.
Treat the first two months as the real deadline. An extension has to be asked for, and asking for it is a step that can be missed.
The grounds
An opposition can run on anything that would have prevented registration in the first place:
- Earlier conflicting rights — a registered mark or an earlier application for the same or a confusingly similar mark covering the same or similar goods or services.
- Reputation and passing off — an unregistered mark with goodwill in Pakistan, where use of the applied-for mark would amount to passing off.
- Absolute grounds — the mark is descriptive, non-distinctive, deceptive, or otherwise unregistrable.
- Bad faith — the application was not made in good faith.
The strongest oppositions usually combine a clean earlier right with evidence that the two marks will be met by the same customers in the same trade.
How the proceeding runs
The opponent files the notice of opposition setting out the grounds. The applicant files a counter-statement; if none is filed, the application is treated as abandoned. Each side then files evidence in support, by way of affidavit, in the order and within the periods the Rules prescribe, and the opponent may file evidence in reply.
A hearing follows, after which the Registrar decides — allowing the opposition, rejecting it, or allowing the application to proceed subject to conditions or limitations. The decision carries a right of appeal.
Costs may be awarded, but they are not the reason to oppose. The reason is that stopping a mark before registration is far cheaper than cancelling it afterwards or litigating against it later.
Watching is the whole point
None of this is available to a proprietor who does not know the advertisement happened. Pakistan’s opposition window is two months from publication in the Journal, and nobody notifies an earlier proprietor that a conflicting mark has been advertised.
A watch on the Trade Marks Journal — covering the mark, its close variants and the classes that matter — is what turns the opposition window from a theoretical right into a usable one. Without it, the first time a conflicting mark is noticed is usually when it is already registered, and the remedy has become cancellation or litigation.
If the deadline is missed
Once the opposition period and any extension have run, the application proceeds to registration. The route then is cancellation or rectification of the registered mark, or an infringement or passing-off action if the mark is used. Both are slower and more expensive than an opposition would have been.
Frequently asked questions
How long do I have to oppose a trademark in Pakistan? Two months from the date the application is advertised in the Trade Marks Journal, extendable on application to the Registrar by a further period not exceeding two months in the aggregate.
Who can file an opposition in Pakistan? Any person. There is no standing requirement and no need to own an earlier registration, though an earlier right makes for a stronger case.
What grounds can I oppose on? Any ground that would have barred registration — an earlier conflicting mark, reputation and passing off in Pakistan, absolute grounds such as descriptiveness or deceptiveness, and bad faith.
What happens if the applicant does not file a counter-statement? The application is treated as abandoned.
Can I still act if I miss the opposition window? Yes, but not as cheaply. The routes are cancellation or rectification of the registration, and infringement or passing-off proceedings if the mark is being used.
How do I find out that a conflicting mark has been advertised? By watching the Trade Marks Journal. Nobody notifies earlier proprietors, and the two-month window is too short to rely on noticing by chance.
Useful official resources
- Intellectual Property Organization of Pakistan — the Trade Marks Journal, forms and fees
See our related notes on trademark examination in Pakistan, filing a trademark in Pakistan and infringement and enforcement.
A conflicting mark advertised in Pakistan, or an opposition filed against your application? Talk to us.