Reliable & Trusted Trademark Registration Pakistan Services
Register your trademark in Pakistan with the assistance of Axis IP, one of the best firms operating in the intellectual property diaspora in the region.
WHAT WE DO
Axis IP – Your Best Choice for Trademark Registration Pakistan & Brand Protection
Established in the year 2017, our organization Axis IP has been assisting businesses of different levels to successfully register their trademarks and protect their brand. Over the years, we at Axis IP have diversified our services to cover patent registration, ISO certification, and a lot more. Up till now, our firm’s representation has led to a whopping registration of 700+ trademarks with the Intellectual Property Organization of Pakistan (IPO-Pakistan).
Why is Trademark Registration Important?
Legal Protection
Legally protect your brand and prevent others from using a similar mark. This is essential for preventing competitors from infringing on your brand’s identity.
Exclusive Rights
Gain exclusive rights to use the trademark for your products or services. This exclusivity allows you to establish a unique brand in the market.
Brand Recognition
Build brand recognition and trust among customers. When customers see your trademark, they will associate it with your products or services.
Marketplace Advantage
Set your brand apart in the market and give your business a significant advantage. Differentiate your offerings and stay competitive in the industry.
Global Expansion
Easily expand your business on an international scale by protecting it and providing recognition in foreign markets with a registered trademark in Pakistan.
Consumer Trust
Convey professionalism and reliability to consumers. Reassure them that your products or services meet certain standards of quality and authenticity.
What is Trademark Registration?
Trademark registration is a legal process that grants exclusive rights and legal protection to a distinctive symbol, word, phrase, or design used to identify and distinguish a company’s products or services from those of others. When it comes to building a brand, trademarks serve as valuable assets for both businesses as well as individuals. AXIS IP is a reputed law firm dealing with trademark registration services in Pakistan.
According to the IPO ACT 2012, the following entities can register a trademark:
- Individual
- Partnership Firm
- Company- Limited Liability Partnership,
- Private and Public Limited Company,
- Non-Profit Organizations (NGO, Trust, Welfare Society, Foundation, etc.)
Invest in Your Brand's Future with Trademark Protection
At AXIS IP, we’re skilled in the entire trademark registration process. Schedule a booking and discuss how we can safeguard your brand.
What’s the difference between a trademark and a copyright?
Copyrights and trademarks serve different purposes and have different validity periods in Pakistan. Their main differences are as follows.
- Trademarks protect distinctive symbols, words, phrases, or designs that are used to identify and distinguish goods and services. Copyright protection is primarily aimed at safeguarding original literary, artistic, and creative works. It covers works of authorship, such as books, music, art, software, and films.
- Trademarks protect brand identifiers, including company names, logos, product names, slogans, and other elements used to identify the source of goods or services. Copyrights protect the tangible and fixed expression of ideas. They cover works that are original and fixed in a tangible medium of expression, such as a book, painting, or computer program.
- Trademarks provide exclusive rights to use a mark for specific goods or services. The scope of protection is limited to the particular classes of goods or services for which the trademark is registered. Copyright protection grants exclusive rights to reproduce, distribute, perform, display, and create derivative works based on the copyrighted material. This protection typically lasts for the lifetime of the creator plus an additional 50 to 70 years.
- Trademark registration is optional but recommended for enhanced legal protection. It is typically done through the Intellectual Property Organization of Pakistan (IPO-Pakistan) or the relevant authority, and registered trademarks are listed in the Trademark Registry. Copyright protection is automatic upon the creation of a work. While registration is not mandatory, it can provide legal advantages, including the ability to bring a lawsuit for copyright infringement.
- Trademark protection can last indefinitely as long as the mark is used and renewed at regular intervals (usually every ten years). Copyright protection typically lasts for the creator’s lifetime plus an additional 50 to 70 years, depending on the nature of the work and other factors.
Procedure for Trademark Registration in Pakistan
Check Nice Classification
Before you perform your search request, you need to check the appropriate term and the corresponding class for describing your goods and services for your trademark application.
The World Intellectual Property Organization (WIPO) has developed an international classification system for trademark registration. This system organizes goods and services into 45 classes—34 for goods and 11 for services, each representing a specific category for products and services. With this classification, clients can ensure consistency and clarity in trademark registrations on a global scale.
Request for Search Facility
Perform a search request with Form-55 to the Registrar of Trademarks to check whether similar logos have already been registered with the Intellectual Property Organization (IPO). This is helpful as the IPO has a list of all the registered logos and marks.
The Form TM-55 should be accompanied by two representations of the mark, each on a sheet of strong paper. You can submit PKR 1,000/- in the form of a pay order or bank draft made to the name of the Director General IPO.
Fill TM-1 Form for Applying
Make an application for registration of a trademark on Form TM-1 to the Registrar of Trademarks. You can submit PKR 3,000/- in the form of a pay order or bank draft made to the name of the Director General IPO. Along with this form, the documents needed for trademark registration include six representations of the trademark. Specify the class for registration, and if it’s for multiple classes, submit separate applications for each. Complete the form with your full name, description, nationality, and trade/business address. If the trademark is in a series, note the series number. For domain names, indicate if they relate to goods or services. If your mark has specific colors, claim them; otherwise, it can be used in any color. Sign the application with your designation, and if you’re applying through an attorney, include a stamped Form TM48 power of attorney. Foreign applicants should use a duly authorized attorney in Pakistan and provide translations or transliterations if the mark is not in English or Urdu.
Process of Registration
Once you have submitted the application, you will be allotted a trademark number and cash receipt. The acknowledgment receipt will be issued to you within around ten to fifteen days of filing the application, and after three months, an examination report will be generated. In case there is any objection, you might be served with a Show-Cause Notice. Objections tend to arise if your application is filed with an incorrect classification.
In case of no objection, your application will be published in the Trade Marks Journal so that any person having an objection against your trademark can file within two months from the publication date.
Third-party Opposition
Third-party opposition in trademark registration refers to when the owner of a prior trademark objects to the registration of a similar trademark. The trademark in question can be under the process of registration, and a third party can file a cancellation against its registration.
Issuance of Final Certificate
If no third-party opposition is filed against your trademark, then a Demand Notice will be issued requiring you to submit Form T-11 along with a registration fee of Rs. 9,000/- in the form of a pay order or bank draft in the name of the Director General IPO-Pakistan for issuance of the Registration Certificate. This will be valid for 10 years from the date of filing and has no annual or monthly charges.
Who Should Opt for Trademark Registration Service in Pakistan?
Writers and Artists
Non-Profit Organizations
Importers and Exporters
eCommerce Sellers
Benefits of Trademark Registration in Pakistan
Trademarks comprise names, words, slogans, logos, and any kind of symbols and serve as your business’s intellectual assets. Not only do they set your business apart from competitors, but they should be your most valuable assets.
In addition to serving as your brand’s identity, registering your trademark in Pakistan can reap tons of benefits, such as the following.
Legal Protection:
you get the exclusive right to use the registered trademark and the legal grounds to protect your brand’s identity.
Brand Recognition:
with a registered trademark, it’s easier for consumers to identify your products and services.
Asset Value:
you can license or sell your registered trademark further, adding to the value of your business.
Global Expansion:
trademark registration can facilitate international expansion by providing protection in foreign markets.
Infringement of Trademarks
According to Sections 39 and 40 of the Trade Marks Ordinance 2001, a person using a registered trademark for their own use will be deemed to be infringing the trademark under Section 40.
Section 46 provides the following remedies for infringement of a trademark:
- Damages
- Injuctions
- Accounts
- Any other remedies available to the person
As per Section 117 of the Trade Marks Ordinance 2001, the individual or entity whose trademark has been infringed can file a suit for the purpose of addressing of grievance before the District Court.
Frequently Asked Question (FAQs)
A trademark is a unique combination or word that helps differentiate your product or services from others. If you are operating in Pakistan, it would be beneficial for you to register a trademark in Pakistan since it would earn you legal protection, exclusive rights, and the ability to take legal action against unauthorized use, safeguarding your brand’s identity.
A trademark or brand name search involves checking if a proposed mark is already being used or registered by someone else. It’s like looking to see if a name is already taken before you pick it for your business. Doing this search before applying for registration is a smart idea because it helps avoid conflicts with existing trademarks. It reduces the chance of legal issues or having your application rejected.
You have the legal right to take action against the infringing party if your trademark is properly registered. This can involve sending cease and desist notices, pursuing legal action, and seeking damages.
Depending on how complex your application is, the process can take anywhere between 9 to 12 months.
A trade name represents the complete title of your enterprise, like “Smithson Enterprises Inc.,” and serves as its identification. On the other hand, a trademark is a symbol that sets apart your company’s products. A single company might possess multiple trademarks. For example, Smithson Enterprises Inc. markets its goods using the trademark “Smithson” and the logo “SE.”
The cost varies, but expect to budget for application filing fees, legal fees, and other associated expenses. The total cost can range from a few hundred to a few thousand Pakistani Rupees, depending on the specifics of your case.
Yes, foreign businesses and individuals can register trademarks in Pakistan. However, it is better to seek legal assistance to understand and manage the process better.
Yes, you would need to renew your trademark in Pakistan every 10 years2, otherwise, it can expire and grow invalid. Make sure to apply for the renewal six months before your trademark is due to expire.
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.
Registering a company’s trademark in Pakistan is not compulsory. However, registering a trademark provides legal protection and exclusive rights to use the mark in connection with the goods or services it represents.
Any individual who intends to use a trademark can apply for TM registration. It can be any individual, company or organization.
No, simply registering your business and its trade name with the Securities & Exchange Commission of Pakistan does not provide trademark protection for your company’s name. A trade name, such as “XYZ Corporation,” is the complete title of your business and serves as its identifier. Meanwhile, a trademark is a symbol that sets apart your company’s products.
You can start using a mark whether or not it’s filed or registered.
While prior use can help in disputes, registering a trademark offers legal certainty and exclusive usage rights. It’s highly recommended to register your trademark.
If your mark isn’t registered, you’re unable to initiate an infringement action. Instead, an unregistered mark is only entitled to the right of passing off. To assert this right, you must provide evidence demonstrating that your mark is actively used and has garnered reputation and goodwill.
Trademark infringement occurs when someone uses a mark in trade that’s identical to a registered trademark, for goods or services identical to those it’s registered for.
A service mark is a type of trademark registered to distinguish one company’s services from those of others. As defined in the Trademarks Ordinance 2001, services encompass various offerings provided to users, including but not limited to banking, telecommunications, education, legal services, and more.
According to section 82(1) of the Trademark Ordinance, 2001, a collective mark is a symbol that sets apart the goods or services of association members, indicating their affiliation with the group that owns the mark, distinguishing them from other businesses.
A certification mark, as outlined in the Trademark Ordinance, 2001, signifies that the goods or services bearing the mark have been certified by its owner in terms of origin, manufacturing process, quality, or other attributes, ensuring compliance with specified standards.
Coined words refer to newly invented terms that lack pre-existing meanings and thus are easily protected. For instance, consider the brand name “Techluxe.” In this example, the coined word is “Techluxe,” which is an invented term without any prior significance.
Register A Trademark In Pakistan: Step-By-Step Guide
Step 1: Conduct a Trademark Search
The initial step in the trademark registration process is conducting a comprehensive search to ensure the uniqueness of the proposed trademark. Applicants can leverage various trademark search tools and Intellectual Property consultancy services available in Pakistan. A detailed examination, often initiated by filling out the TM 55 document, is essential to determine the availability of the desired trademark.
(Open ipo.gov.pk -> click on the drop-down menu trade mark-> Fee and Forms-> T.M 55)
Step 2: Identify the Suitable Trademark Class
Identify the suitable trademark class that most accurately represents the goods or services linked to your trademark. Pakistan adheres to the International Classification of Goods and Services (Nice Classification), which comprises 45 classes. It is important to choose the right class to ensure the optimal safeguarding of your trademark rights.
Step 3: Application Submission
Once a suitable trademark is identified, the next step involves filling out a detailed application form (TM 1 and TM 2). This document includes important information such as the applicant’s name, brand details, product variations, and service descriptions. The applicant must also specify the list of commodities and products for which the trademark is sought.
Step 4: Pay the Application Fees
Submit the required application fees, which may differ based on factors like the number of classes and how you file. You can pay online or use a bank draft payable to the Registrar of Trademarks.
Step 4: Formalities Assessment
Upon submission, the trademark registry scrutinizes the application for any discrepancies and ensures that all information aligns with the required documentation. If no objections or oppositions are raised, the trademark will be published in the Trademarks Journal for a period of 2 months. During this time, interested parties can oppose the registration. If there are objections to a trademark, one needs to file a response/reply. If any defects are identified, the applicant is notified and given a 30-day window to rectify the issues.
Step 5: Publication Analysis
The trademark registry conducts a thorough analysis under the trademark act to assess the eligibility of the application for registration. It ensures that the proposed trademark is not identical to existing registrations.
Step 6: Trademark Advertising & Opposition Period
Once the application is accepted, it is officially announced in the trademark magazine. This marks the beginning of a four-month opposition period, during which any party can challenge the application. Trademark attorneys may facilitate public opposition, and if a dispute arises, the applicant can respond by filing a defensive form (TM -6 or TM -9) against the opposition notice.
Step 7: Final Trademark Registration
After successfully navigating the opposition period, the next step involves the submission of fees as per the demand notice issued by the trademark registry. The applicant submits the fees to either the administrator of IPO-Pakistan or the director-general.
Subsequently, a registration certificate is issued, and the applicant is granted the right to use the registered symbol (®) for their products or services.
Step 8: Certification & Symbol Usage
The trademark registry now issues a registration certificate, signifying the completion of the registration process. The registered trademark holder is now entitled to use the registered symbol (®) to promote their products or services, solidifying their legal rights.
Step 9: Renewal of Trademark
To maintain the validity of the trademark, the applicant must renew it every 10 years. This renewal process ensures that the brand continues to enjoy legal protection and exclusivity in the market.