To register a trademark in Pakistan, after filing the application in the prescribed form and payment of relevant fee, the mark will then be examined, published and eventually shall proceed to registration where there is no opposition against the said trademark or where the opposition against the said trademark was filed but was decided in favor of the applicant. The trademark will then be registered for a period of 10 years from the date of filing of the application in Pakistan and the registration certificate is issued. Once a trademark is registered in Pakistan, then the insignia ® can be used with the mark. The Pakistan Trade Marks Ordinance also provides that if a registered trademark is not used for a continuous period of five years from the date of registration, then the same becomes vulnerable to cancellation action on grounds of non use.

Trademark can be registered by any individual, AOP partnership firm, Private Limited Company or any limited company. For example Pepsi is a Beverage, KFC is a restaurant and Samsung is an electronic company and like this any brand can be registered. Normally, it takes 12 to 18 months to register a trademark. But, once you file an application, you are given a number after which you can add tm to your brand. Once you are given the certificate, you can use sign of ® with your name.

Infringement of Trade Marks
Section 39 and 40 of the Trade Marks Ordinance 2001 provide that if any person uses the mark for the trade which is similar to the goods or services for which that mark has been registered, it shall be deemed to be the infringement of the registered trademark under Section 40.

Action for Infringement
Section 46 provides different remedies for infringement of trade mark: - Damages; - Injunctions; - Accounts; or - Any other remedies which are available to the person having some other property rights.

A trademark search in Pakistan can be for both word and device marks. It is advisable to conduct a trademark search prior to filing a trademark application to ascertain the availability of trademarks, existence of prior identical/similar marks on the register etc., so as to avoid any objection and opposition with respect to the mark. Although, search is not mandatory for filing the application, it is advisable to conduct a preliminary search for the proposed trade mark before filing the application in order to avoid any objection and opposition with respect to mark later on. Trademark searches in Pakistan can be conducted for word mark, numerals, labels and device mark. Device mark searches can be conducted through Vienna code. Trademark searches can be classified into following categories: Word Search or Device Search

Word mark Search
Trademark word search edition of Pakistan follows the nice classification and trade mark can be filed for goods in class 1-34 and services in class 35-45. Trademark searches in Pakistan can be conducted for the desired class and associated classes. It is advisable to conduct comprehensive trademark clearance search in Pakistan to ascertain availability of the proposed mark and also to overcome any objection and opposition with respect to mark later on. Along with trademark search, it is also advisable to do a comprehensive company search and domain search of the proposed trademark in Pakistan.

Device Mark Search
It is advisable to conduct a comprehensive search for a figuration trademark. The device marks include individual marks such as stylized letters, numerals, shapes, plants, celestial bodies, living creatures etc. or combination of marks containing device marks. A device mark search in Pakistan can be conducted amongst the marks filed and registered as per the Vienna Code Classification.

Yes, you can, and you definitely should use the ® symbol next to your trademark. This symbolizes that your trademark is federally registered.

It’s not necessary to use the ™ symbol, especially since it is for trademarks that are ‘not’ registered. The symbol stands for ‘trademark’ only and is not compulsory to use to protect your trademark.

Procedure for Trademark Opposition in Pakistan Once a trademark is published in the Pakistan Trademarks Journal, any person can file an opposition against registration of the said trademark in Pakistan by filing a notice of opposition within the prescribed period of 2 months from the date the Trademarks Journal is made available to the public. The time period to file the notice of opposition against registration of a trademark in Pakistan can be extended by a maximum period of 2 months upon filling a specified request extension of time along with the prescribed fee, if made before the expiry of the statutory period of 2 months. A trademark application can be opposed in Pakistan on relative and absolute grounds under Section 17 and 19 of the Trade Marks Ordinance, 2001. Once an opposition is filed against a trademark in Pakistan, a copy of notice of opposition so filed is served to the applicant by the Trademark Registry and the applicant is then required to file a counterstatement within 01 month of receipt of the notice forwarded by the Registry, failing which the application shall be treated as abandoned. Thereafter the Registrar will request evidence in writing from both parties. If the dispute is not settled by the parties, then hearing is fixed in the matter. The decision of the Registrar made in the opposition proceedings can be challenged by the aggrieved person by filing an appeal before the High Court. In the absences of an opposition, a trademark is registered, and the certificate of registration is issued

The procedure for filing a renewal for a trademark in Pakistan is as follows: Request to renew a trademark in Pakistan can be filed within six months before the expiry of the registration / renewal term if accompanied by the requisite renewal fees on the prescribed form. A trademark can be renewed in Pakistan from time to time for an unlimited period upon payment of the renewal fees, failing which the mark becomes liable to be removed from the Register on account of non-renewal. Each renewal term is for a period of 10 years.

The procedure for filing for restoration of a trademark in Pakistan is as follows: If a trademark has been removed from the Register on the grounds of non-renewal then the same can be restored by filing an application in the prescribed form for restoration of the mark after six months from the expiration of the last registration of the mark

Procedure for Removal of a Registered Trademark in Pakistan on grounds of non-use: Section 73 of the Pakistan Trade Marks Ordinance provides for the removal of the trademark from the register of trademarks on the ground of continuous non-use of the mark for a period of 5 years from the date of the issuance of the registration certificate

What marks are not registrable in Pakistan? What is not registrable as a trademark in Pakistan? The trademarks which are not registrable in Pakistan are the following:
• Trademark which is likely to cause deception or confusion;
• Trademark that is likely to hurt religious sentiments of any community;
• Trademark that comprises any scandalous or obscene matter;
• Trademark which is contrary to any law, for the time being in force, or morality;
• Trademark for the shape of goods necessary to obtain technical result or which gives substantial value to the goods Name of the chemical compound declared by World Health Organisation as an International non-proprietary name.

Remedies available for protection of trademarks in Pakistan are:

Civil Action-
The competent Courts can be moved for grant of relief of injunction against infringement and/or passing off.

Criminal Proceedings-
Criminal complaints can also be filed against persons who have infringed the trademark in Pakistan in addition to a civil action.

Administrative Remedies-
Notice of opposition can be filed against trademark applications published in the Trademarks Journal in Pakistan. Proceedings can be initiated for rectification/cancellation of registered trademarks before the Registrar of Trademarks.

Border Measures-
The Pakistan Customs Act 1969 confers power on the Central Government to prohibit importation or exportation of goods. In exercise of the powers conferred by that section, the Central Government has prohibited the import of the goods that have applied a false trade- mark or a false trade description.

Yes, the examination includes whether the application has been filed in time and whether the same has been filed by the proprietor of the mark on record.

In case of a registered trademark, an action for infringement lies where the aggrieved can sought civil and criminal reliefs.

A mark shall not be registered as a trademark if
- the mark is likely to deceive the public or cause confusion. the matter contained or comprised in the mark is likely to hurt religious susceptibilities of any class or section of the citizens of Pakistan. it contains or comprises of scandalous or obscene matter. No work declared by World Health Organization as international non-proprietary name.

• A trademark can be refused registration in Pakistan under the relative and absolute grounds:
Relative Grounds of Refusal for Registering a Trademark Pakistan:
A trademark is refused registration under this category if the trademark is: a. Similar or identical to an earlier trademark for the same or similar goods/ services. b. Similar or identical to an earlier trademark in respect of different goods/ services. Absolute Grounds of Refusal for Registering a Trademark Pakistan: A trademark is refused registration under this category if the trademark is:
• Devoid of any distinctive character.

Yes, foreign proprietors can apply for registration of a trademark in Pakistan. The Pakistan Trademark Ordinance is TRIPS obedient and provides for protection of well-known trademarks and recognizes trans-border reputation.