There are two searches in a Pakistani trademark matter, and they do different jobs. The Registry runs one on your application after you file it. You can ask for one before you file. Only the second is any use for deciding whether to adopt a brand.
Quick reference
| The Registrar’s search | Carried out on receipt of an application, against the register and pending applications |
| Can it be repeated? | The Registrar may renew it any time before acceptance, but is not bound to |
| Pre-filing search request | Form TM-55, with duplicate representations of the mark |
| Scope of a request | One class at a time, for specified goods or services |
| Personal search | Permitted, on payment of the fee, also one class at a time |
| What it covers | Registered marks and pending applications |
| What it misses | Unregistered rights, recently filed marks not yet on the system, marks in other classes |
The search the Registry does for you
Once an application has been received and the basic requirements are met, rule 26 requires the Registrar to carry out a search of earlier trade marks — looking, for the same goods or services or the same description of goods or services, for marks identical to the one applied for or so nearly resembling it as to be likely to deceive or cause confusion.
The result feeds into examination. If something is cited, you hear about it as an objection.
Two things about that search matter.
It happens after you have filed, named the mark, and in all likelihood already committed to it commercially. And the Registrar may renew the search at any time before acceptance but is expressly not bound to do so — so a conflicting application filed after yours will not necessarily be picked up before your mark proceeds.
Neither of those is a reason to skip a search of your own. Both are reasons to do one first.
Asking for a search before you file
Rule 87 lets any person request the Registrar to carry out a search. The request goes in on Form TM-55, accompanied by duplicate representations of the mark, and specifies the goods or services, classified in any one class of the Fourth Schedule. The Registrar causes the search to be made and informs the person who asked of the result.
Rule 88 allows a personal search as well — inspecting the records yourself on payment of the fee, again for specified goods or services in one class.
The one-class limit is the thing to plan around
Both routes are one class at a time. A brand that needs four classes needs four searches, and each one is a separate request and a separate fee.
This has a practical effect on how searching is done. It is tempting to search only the core class and treat the rest as a formality. That is usually where the problem turns up — a conflicting mark sitting in a related class that would have blocked the extension of the brand, found a year later when the second application is filed.
If the budget will not stretch to every class, search the core class properly and at least look at the classes the brand will realistically grow into.
What a register search cannot tell you
A search of the register answers one question: what is already registered or applied for. Several things that can stop you using a mark in Pakistan are not on the register at all.
Unregistered rights. Section 17(4) prevents registration where use of the mark in Pakistan is liable to be prevented by the law of passing off protecting an unregistered mark, or by an earlier right such as copyright or a registered design. None of that appears in a trademark search. A trader with real goodwill and no registration is invisible to the register and entirely visible in court. See passing off in Pakistan.
Well-known marks. A mark entitled to protection as well known under section 86 can be enforced in Pakistan without registration and without actual sales there. A search of the Pakistani register will not reveal it.
The gap between filing and availability. Applications take time to appear on searchable records. A search is a picture of the register as it stood, not as it stands.
Marks that are different but still conflicting. A search finds what you ask it to look for. Assessing whether a similar mark in a related class is a real obstacle is a judgement, not a lookup — and section 17 turns on identity or similarity plus a likelihood of confusion, not on exact matching.
Reading the result
A clear search is not permission to proceed; it is the absence of one kind of obstacle. What a search is genuinely good for is the opposite finding — telling you early that a name is going to be a fight, while changing it still costs nothing but a conversation.
Where something is found, the questions are whether the earlier mark is actually in use, whether it is vulnerable to revocation for non-use, whether the goods genuinely overlap, and whether consent is a realistic route — section 17(5) allows registration where the proprietor of the earlier mark consents.
There is also the honest concurrent use route in section 19, where the Registrar may permit registration of a mark that would otherwise be refused on relative grounds. It is a real option, but it is a fallback, not a plan.
Frequently asked questions
Does the Pakistan Trade Marks Registry search my application automatically? Yes. Rule 26 requires the Registrar to search earlier marks on receipt of an application, and anything found comes back as a citation during examination. The Registrar may repeat the search before acceptance but is not obliged to.
How do I request a trademark search in Pakistan before filing? On Form TM-55, with duplicate representations of the mark, specifying the goods or services in one class. A personal search of the records is also permitted on payment of the fee.
Can I search several classes at once? No. A search request covers goods or services in one class, so a multi-class brand needs a separate search for each class.
Will a search show me unregistered marks? No. Unregistered rights protected by passing off, and marks entitled to protection as well known, do not appear on the register but can still prevent registration or use.
Is a clear search result a guarantee? No. It tells you that nothing conflicting was found on the register at that moment. It does not cover unregistered rights, very recent filings, or the judgement about whether a similar mark is close enough to matter.
What should I do if the search finds a similar mark? Assess whether it is actually in use, whether the goods overlap, and whether it is vulnerable to revocation for non-use. Consent from the earlier proprietor is also a route the Ordinance expressly allows.
Useful official resources
- Intellectual Property Organization of Pakistan — search services and forms
- Trade Marks Ordinance, 2001 — sections 17, 19, 86
- Trade Marks Rules, 2004 — rules 26, 87, 88
See our related notes on filing a trademark in Pakistan, examination and objections and marks that cannot be registered.
Clearing a brand name for Pakistan before you commit to it? Talk to us.