Trademark application Pakistan

Trademark registration Pakistan

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What are the costs of a trademark registration in Pakistan?

The costs of trademark registration in Pakistan depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get  protection in all of classes 1 through 45 of the Nice classification.


How do you get a trademark registration in Pakistan?

The exclusive rights to a trademark are granted in Pakistan to the first person or company to use it in this territory. Although registration is therefore not mandatory, it is strongly recommended in practice. By registering your brand name in Pakistan, you as an entrepreneur demonstrate ownership and prevent future conflicts as a result of infringement. The active use of the trademark is not a hard condition to register a trademark in Pakistan. You submit your application to the Intellectual Property Organization of Pakistan, the IPOP.

On average, it takes two years before a registration procedure is completed. However, this depends on the exact situation and may vary from time to time. As a non-resident of the country you must have yourself represented by a trademark attorney and for this reason provide a power of attorney. Legalization by a notary is not strictly necessary, but is recommended.


How does trademark protection enforcement work?

If you as an entrepreneur are planning to register a trademark in Pakistan, you can count on strict enforcement of the protection of your trademark from the moment that registration is a fact. The IPOP ensures effective enforcement through various agencies designated by the patent office, such as the police, the Federal Bureau of Investigation and Pakistani Customs. If there is an infringement, then according to the Trademark Regulation you even have the right to demand compensation from the third party in question.


Is Pakistan a member of the Madrid System?

On February 25, 2021, after many years of hard work by the IPOP, Pakistan became a member of the international Madrid System. This makes the Asian country the 108th country in the world to be part of this system. With the Madrid Protocol now applicable in the country, it has become possible for trademark owners in Pakistan to protect their trademark in more than 100 countries worldwide. The entry is also good news for a Dutch entrepreneur who wants to apply for a brand name in Pakistan as part of an international expansion.


How do you capture separate elements that together form a trademark?

If you want to register a brand in Pakistan, this can arise from various elements. For example, the mark can be a word mark, but can also have a figurative character. Often a trademark is a combination of both: a word element and a logo. If you are successful in applying for a trademark in Pakistan, the exclusive protection right will only be granted for this specific combination. If you want to use individual elements for commercial purposes and also be able to protect them, then a separate registration is required.

If you fail to register the individual elements separately, there is a risk that third parties can use them, without there being any infringement. You can therefore not object to this. There is one exception to this: if this person offers products or services that are the same or very similar to yours, you can object. You do this on the basis of confusing similarities.


What are the steps in the trademark application process in Pakistan?

To register a trademark in Pakistan, you go through a fixed number of process steps in a specific order. The first step is of course sending the application. You fill in a TM-1 form for this. Multi-class trademark protection is needed in Pakistan. You will have to fill in a separate form for each class. Prior to submitting your application, you have already had a trademark search (TM-55) performed by the IPOP and you have carefully considered the classes under which your goods and/or services fall.

According to the IPOP, are there no objections to registering your brand in Pakistan? Then a notice regarding your registration will appear in the trading bulletin. The purpose of this is to give third parties the opportunity to lodge an objection. They have two months from the date of publication to do so. If there is no opposition, or if you can survive it, a TM-11 form must be completed for each class to confirm registration and to issue a certificate of registration.


How many years does the trademark protection apply?

If your trademark has been successfully registered, the trademark protection you enjoy with this is valid for ten years. This period starts with retroactive effect and applies from the date on which you submitted the application. The trademark protection can be extended indefinitely. This is done for a duration of ten years each time. The application for extension must be submitted six months before the end of the current date, or up to six months thereafter (grace period). Higher costs will apply.

Although you do not already have to have a trademark in use when you apply for this trademark in Pakistan, there is a risk associated with inactivity. That is, if you are not actively using your trademark on the Pakistani market five years after the registration date. Third parties can then submit a request for termination due to inactivity to the IPOP.

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Trademark registration Pakistan