Trademark Registration:
Its represents a unique characters of any name, brands, letters, words, symbols , graphics or logos of products and services and distinguish it from others. As an example of Gul Ahmed, Khaadi , Abbott and Qarshi. The Trademark Registration of any products and services is not compulsory by laws , however if registered its provides legal protection to the business. It cannot be used by others Trademarks can be registered for goods, services or both according to their classification.
In Pakistan trademark can be registered with The Intellectual Property Organisation of Pakistan (IPO). Any individual, Company or Partnership firm may apply for the registration with IPO. To simplify registered trademark protects the business brand name from illegal or misuse Unlike registered trademarks.
How to Registered Trademark in Pakistan?
It is recommended that before applying for registration a request(Form TM-55 along with paid bank Challan of 1,000 ) for search report can be filed with IPO to check that whether any identical trademark already exist.
Only one application can filed for one class only, if there is more than trademark then apply separately . If trademarks you are applied for are available then go for further process(explained below) otherwise think for new unique one. The next stage is to Fill out Form TM-01 properly and chose your desired class.
Classification: There are total 45 classes (Goods listed in Class 1-Class 34 and Services Class 35-Class 45).Textile Industries related specification are further classified into 94 classes. In case of Partnership firm/ company the managing partner /CEO must signed the application form and if the applicant is sole proprietorship then he must signed.
Examination by the Registrar:
After the submission of application, acknowledgment of receipt issue by the concerned office and will evaluate that request is valid or not. The application can be rejected on the following grounds:
- Trademark you are applied is already exist
- It represents misleading or false information that are conflict with others for example names such as national , NADRA, NEPRA, OGRA cannot be claimed because its contradict with Provisional or Federal Government organizations.
Acceptance:
If the registrar satisfied that applicant fulfill the all legal requirements then the trademark will be advertised in trade journal and after the period two months has lapsed and no objection has received then the IPO officer issue a certificate of Trademark registration for a payment of 9,000 (Fling of Form TM-11 is required ) which is to be deposited in Government treasury.
Opposition:
The registration of the trademarks can be opposed After its publication in the journals of trade published by IPO . The main reasons that applicant.
- Is not authorized to use the marks in Pakistan or is not the owner of the trade mark applied for.
- It is similar to any international or well-known brands who have already a reputation in Pakistan.
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How Rights are Protected?
The registered trademarks provides complete legal protection to the owner and is considered as a personal property of the Proprietor . it cannot be used by any person in any way without the permission of the owner. In case of misuse or for any purpose by any individual, company or other organization a suit can be filed.
Is Trademark Registered for Lifetime?
NO, Trademarks can only be registered for a period of ten years and after that an application(FORM TM-12) can be filed for renewal Within six months of expiration.
