Introduction:
An application to register a trademark in Pakistan can be filed at the trademarks office in Lahore or Karachi. Online filing of trademark applications in Pakistan is not yet available.
The Pakistan trademark office follows the 10th edition of the NICE Classification and registration of marks are acceptable in classes 1 – 34 in respect of goods and classes 35 to 45 in respect of services. The Pakistan trademark office accepts only single class applications.
Members of the WTO and signatories to the Paris Convention for the Protection of Industrial Property, can file convention applications claiming priority in Pakistan. A certified copy of the priority document is necessary for claiming priority. The same can be filed within 3 months from the date of filing the application in Pakistan.
It is also possible to file an application in Pakistan on an intent to use basis or by claiming use of the trademark in Pakistan. However for maintaining the registration in effect, evidence of use is required to be filed at the time of second renewal.
A trademark application filed in Pakistan is examined on absolute and relative grounds to determine whether it can be granted protection. The response to the objections should be filed within 2 months from the date of receipt of the examination report with a maximum extension of another 3 months. When the application is accepted by the trademark office, it is published in the trademarks journal and is open to opposition for a period of 2 months from the date of publication. This opposition period can be extended by another two months.
The registration of the trademark is valid for a period of 7 years in respect of applications filed prior to April 12, 2004, renewable for a period of 15 years from the date of the expiration of the original registration, or from the last renewal of registration, as the case may be. With respect to trademark applications filed after April 12, 2004 the registration is valid for a period of 10 years and renewable every 10 years. An application for renewing a trademark registration can be filed at any time during the 6 months prior to the expiration of the registration/last renewal validity. Late renewal is also possible within 4 months from the date of publication of the non-renewal in the trademarks journal under the heading “Unpaid Renewal Fee.”
A cancellation petition on the grounds of non-use can be filed to remove a trademark from the register, if it has not been used for 5 years and one month from the date of registration.
Recording the assignment of trademarks with or without the goodwill of the business, change of name and/or address of the applicant/proprietor, registered user agreement and licenses of registered trademarks, are possible. Amendments to the registered trademark without substantially altering the identity of the mark or the specification of goods and services covered by the registration of the trademark is also possible.
Use of the ® symbol on unregistered trademark, manufacture, import or sale of counterfeit goods, are offences punishable under the law in Pakistan. Legal action can be initiated before the District Courts or High Court of Pakistan.
Fact Sheet:
| Application | |
|---|---|
| Priority application | Yes |
| Late submission of priority docs | 3 months |
| Multi Class application | No |
| Service marks | Yes |
| Classification of goods/services | Nice Classification - 10th Edition |
| Trademark in use | Not necessary. Can be filed on a proposed to be used basis. |
| Renewal | |
|---|---|
| Application for renewal | |
| Renewal with surcharge | Within 4 months from the date of publication in the Trademarks Journal - "Unpaid Renewal Fee." |
| Restoration with surcharge | Need To Check |
| Renewal Valid for | 10 years |
| Examination | |
|---|---|
| Absolute grounds | Yes |
| Relative grounds | Yes |
| Deadline to respond to examination report | 2 months + 1 + 1 + 1 |
| Hearing before the examiner | |
| Appeal against the examiner's order | |
| Publication in the trademarks journal | Yes |
| Publication fees | No |
| Open for opposition | 4 months |
| Registration fee | Yes |
| Registration | 10 years from the date of application |
| Cancellation | |
|---|---|
| Cancellation for non use | Yes |
| Cancellation on Non Use grounds | 5 years and 1 month from the date of registration |
Requirements:
All information/documents are to be in English/Urdu or any regional language or a certified/notarized translated copy of the same in English in the form of an affidavit is required.
Required information:
- Name, nationality, legal status and address of the applicant.
- Trade description of the applicant. (Nature of business of the applicant – manufacturers, exporters, service providers etc).
- The depiction of the trademark (word or label in jpg/png format).
- Description of goods/services.
- Date of first use (if the mark has already been used in India in DD/MM/YYYY format).
- In case the mark is claiming colors/color combination, then a clear indication and pantones/name(s) of the colors used.
- If the trademark is in any other language other than English/Urdu or any regional language then a translation/transliteration of the same in English.
- In case priority is claimed, the priority application number, filing date and the priority country.
Required documents:
- Power of attorney in original and has to be notarized. Legalization is not required. The POA can also be submitted on a later date after filing the application.
- In case priority is claimed a certified copy of the priority document. The priority document can also be submitted within three months from the date of filing the application in Pakistan.
Required documents:
- Power of attorney in original and has to be notarized. Legalization is not required. The POA can also be submitted on a later date after filing the application.
- Certified copy of the name change document in English or a verified translation of the same in English.
Required documents:
- Power of attorney in original and has to be notarized. Legalization is not required. The POA can also be submitted on a later date after filing the application.
- Notarized copy of the assignment deed containing clear information about the Indian trademark application(s), valid consideration and mention of the transfer of goodwill or certified copy of the merger document in English or a verified translation of the same in English.
- An affidavit of no pending litigation and in support of the transmission of rights
- A statement of case of ownership change
Required documents:
Power of attorney in original and has to be notarized. Legalization is not required. The POA can also be submitted on a later date after filing the application.
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