::TRADE MARK REGISTRATION IN PAKISTAN

Before we explain the trademark registration process in Pakistan, it is important to understand what a trademark actually is and what rights it bestows? A trademark or trade mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.

A trademark is a type of intellectual property, and typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark.

The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, such as the well-known characteristics of celebrities. When a trademark is used in relation to services rather than products, it may sometimes be called a service mark

The essential function of a trademark is to exclusively identify the commercial source or origin of products or services, such that a trademark, properly called, indicates source or serves as a badge of origin. In other words, trademarks serve to identify a particular business as the source of goods or services. The use of a trademark in this way is known as trademark use. Certain exclusive rights attach to a registered mark, which can be enforced by way of an action for trademark infringement, while unregistered trademark rights may be enforced pursuant to the common law tort of passing off.

It should be noted that trademark rights generally arise out of the use or to maintain exclusive rights over that sign in relation to certain products or services, assuming there are no other trademark objections.

CLASSIFICATION OF TRADEMARKS IN THE WORLD AND PAKISTAN

Different goods and services have been classified by the International (Nice) Classification of Goods and Services into 45 Trademark Classes (1 to 34 cover goods, and 35 to 45 services) also known as the Geneva classification. The idea of this system is to specify and limit the extension of the intellectual property right by determining which goods or services are covered by the mark, and to unify classification systems around the world.

LAW AND LEGISLATION REGULATING TRADEMARK REGISTRY AND ANCILLARY MATTERS IN PAKISTAN

Trade Marks Registry is working under the administrative control of Intellectual Property Organisation of Pakistan. The main function of the Registry is to grant protection of trademarks relating to both goods and services through registration under the Trade Marks Ordinance 2001 and Trade Mark Rules 2004. The Trade Marks Registry works like a Civil Court. The Registrar of Trade Marks hears and decides the cases relating to registration, post registration, opposition and rectification matters.

THE STEPS/PROCESS FOR TRADEMARK REGISTRATION IN PAKISTAN

1.Search before filing of Application.
2.Filing of Application.
3.Preliminary Examination.
4.Final order for Publication.
5.Printing in Trademarks Journal.
6.Opposition Procedure.
7.Issuance of Registration Certificate.
8.Renewal of the Registration.
9.Post Registration matters.
10.Rectification Procedure

 

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