Applications are filed at the trademarks offices in Lahore or Karachi. Online filing is not yet available.
At a glance
| Office | Intellectual Property Organization of Pakistan, Lahore and Karachi |
| Online filing | Not available |
| Classification | Nice Classification, classes 1 to 34 goods, 35 to 45 services |
| Multi-class applications | Not accepted, single class only |
| Priority | Available to WTO members and Paris Convention signatories |
| Priority document deadline | 3 months from the Pakistani filing date |
| Examination reply | 2 months, extendable by up to 3 months |
| Opposition period | 2 months from publication, extendable by 2 months |
| Term | Depends on filing date, see below |
Two term regimes
Pakistan has two registration terms depending on when the application was filed, and this catches out anyone managing an older portfolio.
Applications filed before 12 April 2004: registration is valid for 7 years, renewable for 15 years from the expiration of the original registration or the last renewal.
Applications filed on or after 12 April 2004: registration is valid for 10 years, renewable in ten-year terms.
For legacy marks in Pakistan, the filing date determines which regime applies. Assuming a uniform ten-year cycle across a long-held portfolio will produce wrong dates for the older marks.
Filing
The Pakistan trademark office accepts single-class applications only. Each class requires a separate application and fee.
Members of the WTO and Paris Convention signatories can file convention applications claiming priority. A certified copy of the priority document is required within three months of the Pakistani filing date.
An application can be filed on an intent to use basis or by claiming use of the mark in Pakistan.
The evidence of use requirement
As in Sri Lanka, evidence of use is required at the time of the second renewal to maintain the registration in effect.
This is a meaningful obligation for defensively held marks, and it needs to be diarised well ahead. Assembling use evidence years after the fact is difficult, and the requirement arrives at a point when the mark has already been on the register for a long time.
Examination
Applications are examined on absolute and relative grounds.
A response to objections must be filed within two months of receipt of the examination report, with a maximum extension of a further three months.
Publication and opposition
Accepted applications are published in the trademarks journal and are open to opposition for two months from publication, extendable by a further two months.
Changes and amendments
The following can be recorded:
- Assignment of trademarks, with or without the goodwill of the business
- Change of name or address of the applicant or proprietor
- Registered user agreements and licences
Amendments to a registered trademark are possible provided they do not substantially alter the identity of the mark or the specification of goods and services.
Enforcement
The following are offences punishable under Pakistani law:
- Use of the ® symbol on an unregistered trademark
- Manufacture, import or sale of counterfeit goods
Legal action can be initiated before the courts in Pakistan.
Frequently asked questions
How long does a Pakistani registration last? It depends on the filing date. Applications filed before 12 April 2004 run for seven years and renew for fifteen. Applications filed on or after that date run for ten years and renew for ten.
Do I need to prove use in Pakistan? Yes, at the second renewal. This is a real requirement and should be planned for.
Can I file a multi-class application? No. Single class only.
Can I file online? Not currently. Filings are made at the Lahore or Karachi offices.
How long is the opposition period? Two months from publication, extendable by a further two months.
How long do I have to respond to an examination report? Two months, with a maximum extension of three further months.
Useful official resources
- Intellectual Property Organization of Pakistan
- WIPO Lex — Pakistan
- TMClass — goods and services terminology
Managing a legacy Pakistani portfolio with marks either side of 2004? Talk to us and we will check the renewal dates against the right regime.
