What is a trademark?
Trademark is a legal right bestowed on any person who pre-applied for the protection of his brainchild business. A trademark can be a sign, logo, symbol, word, or combination of all or any of the above that a person can use to distinguish his business’ goods or services from those of other traders. Once registered, a trademark is protected against any of its infringements by any person whatsoever.
Benefits of registering a trademark
In Pakistan, it is not compulsory to register a trademark. However, without registering a trademark same cannot be claimed and no infringement on this behalf can be established in favor of a person. If you register a trademark in relation to your goods and/or services, you are effectively gaining a legal monopoly of your business. A trademark can add value to your business because it can be used to protect the brand that makes you different from others in the market.
Trademark Registration Procedure in Pakistan
Trade Marks are registered and protected under Trade Marks Ordinance, 2001 in Pakistan. For a purpose of registration of Trade Mark following procedure is commonly adopted:
An application seeking nationwide search of Trade Mark. Filing of Trademark Application. Preliminary Examination by Registrar of Trademarks Pakistan. Hearing for objections from Public at Large. Submission of material confirming Trade Mark used. Decision on Trade Mark. Publishing of Trademarks Journal of Pakistan. Renewal of Trade Mark Trademark registration in Pakistan is valid for 10 years and starts with the registration date. The registration is renewable for periods of 10 years, whereafter the Trade Mark is to be applied afresh. It should be noted that trademark rights generally arise out of the use or to maintain exclusive rights over that sign in relation to certain products or services, assuming there are no other trademark objections.
Trade Mark Classification
In Pakistan Trade Marks are classified under 45 classifications having signatory to International Nice Classification (Agreement) based on Geneva accord executed by 75 Countries. Idea is to register Trade Mark under these classifications capable of distinguishing your goods or services from similar Trade Mark of other classified business sectors. Moreover, a trademark can conveniently be registered in more than one country under the same classification to avoid complexity.
Legal statutory remedy against infringement of Trade Mark
Trade Mark having been registered, is protected under the Trade Mark Ordinance, 2001 and in terms of the said law, any such person aggrieved of infringement can instantly approach the Court of law for interim relief so as to restrain a person from using such Trade Mark. Moreover, a suit for damages can be filed claiming general loss arising out of falsification, counterfeit and undue advantage, as a substantial relief.
Whereas a simultaneous criminal course can also be adopted for prosecuting a person who has committed an offense of infringement by lodging a First Information Report (FIR) with the respective police station in terms of offenses mentioned under Section 478 – 489 of Pakistan Penal Code 1860.
Why Us?
In case your genius brainchild business is ready to be established and you fear theft of your business name or recognition, we at DRSLF can assist you in holding and establishing a statutory business right against such potential theft of name and recognition of your valued business. We are professionally engaged by our client in all matters pertaining to Intellectual rights including the following:
Nation-wide trademark search report Applying for Trade Mark registration Trade Mark filling Make representations before respective IPO authority Trademark Publication in Trademark Journal Objecting a Trade Mark Application. Applying Trade Mark Certificate Renewal of Trade Mark in Pakistan Filing of litigation against infringement or Trade Mark Contesting Litigation with regard to Trade Mark Trademark Enforcement and Protection in Pakistan Processing of Documents and record for Trade Mark registration