In Pakistan, the relevant laws with regard to registration of brand/trademark are: • Trade Mark Ordinance, 2001 (the “Act”) • Trade Mark Rules, 2004 (the “Rules”).Trademark protection is obtained by registration or use.
Trademark registration classification:
- The full name, nationality and address of the applicant and nature of the applicant’s business;
- The list of goods and (or) services for which the trademark registration is demanded;
- A representation/specimen of the trade mark;
- A Power of Attorney Duly notarized and signed by the applicant.
- A trademark application has to be filed before the Trademarks Registry by a local agent.
- The application process includes a formal examination, an examination of distinctiveness and a search for any conflicts with prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
- The whole procedure from application to registration takes around 2 to 3 years.
- If no objection is raised within 2 months of the journal publication, the applicant’s request for trademark registration is accepted, and they are instructed via a Demand Notice to pay the registration fee in order to receive a registration certificate.
- The opposition period is 2 months from the date of publication.
- If the application is accepted, the Registrar shall advertise the application in the Trade Marks Journal (an official publication).Prior to registration, the trademark application is published in the monthly “Trademarks Journal” for inviting third party oppositions.
Duration and Renewal: A trademark registration in Pakistan is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.