Introduction:
The trademark which maybe contains the words, phrases, symbols, or design that identifies the one-party business and distinguish the sources from others.
The service mark is as same as the trademark that also may contain the words, phrases, symbols, or design that identify and distinguish the source of services rather than the goods and also one party from the others.
The trademark or service mark which may identify through designs, symbols, phrases, or words is known as a logo, this logo can be registered through IPO – Intellectual Property Organization that is the Federal body and deals with the trademark and service mark in Pakistan. The registered logo becomes the brand and nobody can use, market without the permission of the authorized person or damage the registered trademark or service mark.
The Trade Marks Registry (TMR) is the premier body of the IPO-Pakistan that creating awareness about intellectual property and working for the registration of trademark and service mark as well under the Trademarks Ordinance, 2001. In the below lines, we will learn how to register the trademark in Pakistan.
Registration of trademark in Pakistan:
The step by step process that how to register the trademark in Pakistan.
Search Application:
There are two methods of search as follows:
Search Application for registration of the trademark in Pakistan through Form TM-55:
- One Search Application Form TM-55 would be applicable for one trademark search in any one class only.
- Search Form TM-55 should be accompanied with two representations of the mark (each representation should be mounted on a sheet of strong paper)
- Search fee amounting to 1000/- PKR should be submitted in the form of Pay order/ Bank draft made in the name of Director General IPO.
Form TM-55 is very easy to fill, just need to follow the instructions mentioned in the Form.
- Choose the class from the classification.
- This class specifies the nature of the business that should be identical.
- Signature of the applicant.
- Business address and the address for the correspondence if they both are different.
Personal Search Facility:
Personal Search Facility for quick information is available at Trade Marks Registry, receipt of bank draft amounting to Rs. 200/- for 15 minutes per client.
The department may issue the search report in almost 15 days, after that the applicant may proceed for the registration of the trademark or service mark.
Note: The applicant may file the direct registration application without obtaining the search report.
Application for Registration of trademark in Pakistan: (In case of Individual)
- CNIC of the Applicant.
- Fill up the application form in the prescribed format which is TM-1.
- Eight copies of the TM-1 along with the durable copies of the logo.
- Specify the goods or services in any one class and file separate applications for separate classes.
Note: Please read the form carefully before filling all the instructions are mentioned on the form TM-1.
Registration of Trademark in Pakistan (In Case of Firm or Private Limited Company):
- In the case of a firm, the Full Name and Nationality of every partner/director should be stated.
- Add the full business address of the firm/private limited company.
- The address given should be complete for the purpose of the easy location of the place.
Series of Marks:
- If there is more than one mark that can be registered in a series.
Colored Mark:
- Specify the color of the mark.
When the Colored Mark not claimed:
- If no color is claimed then mark may be used in any color.
Application Being Filed Through an Attorney:
Where the application is being filed through an attorney, a power of attorney on Form TM-48 printed on Stamp Paper amounted Rs. 1000, must be stamped and notarized must accompany this application.
Registration of Trademark in Pakistan When the Applicant is Foreign National:
The foreign national may also register the mark in Pakistan, he/she may file the application through the authorized attorney or advocate in Pakistan.
If the Mark is In a Language other than English or Urdu:
The mark can also be registered with other English or Urdu language only the translation and the affidavit will the attached with the application.
Please submit Pay Order / Bank Draft amounting to Rs. 3000/- from a scheduled bank in the name of Director General, IPO-Pakistan for one mark in one class only.
Process of Registration of Trademark in Pakistan:
- 8 copies of the application form, the logo along with above mentioned-pay order, and other required documents submitted to the department than the department issue the receipt.
- The Acknowledgement Receipt which obtains the TM number by the Trade Marks Registry is issued to the applicant within 15-20 days of filing an application;
- Examination Report is generated after 3 months of filing an application. If there are any objections on the applied trademark, they are communicated to the applicant immediately in the form of a Show Cause Notice. The applicant is required to submit a reply within two months from the date of issuance of a Show Cause Notice;
- If there are no objections, the application will be published in the Trade Marks Journal. If no oppositions are filed to the published application within two months from date of publication of the Trade Marks Journal, the application stands accepted and Demand Notice is issued to the applicant requesting him/her to submit Form TM-11 along with registration fee amounting to Rs. 8,000/- from a scheduled bank in form of a pay order/ bank draft in the name of Director General IPO-Pakistan for issuance of the Registration Certificate;
- On the receipt of the registration fee, the Registration Certificate is issued by the Registrar of Trademarks.
The complete process that how to register the trademark in Pakistan.
