Trademark Registration Pakistan

Trademark legislation defines a word, phrase, logo, or symbol that distinguishes the source of goods or services. Trademark law safeguards a business’s commercial identity or brand by preventing other businesses from using a similar name, logo, or mark that may create confusion with an existing registered trademark.

This page is designed to guide clients regarding trademark law in Pakistan. Our team of skilled and committed attorneys at SARDAR KHAN & CO specialises in intellectual property law, assisting clients in understanding and protecting their trademarks efficiently and cost-effectively. We aim to maintain our clients’ brand integrity while offering services suitable for varying budgets.

Our lawyers frequently interact with examiners at the Pakistan Patent and Trademark Office to secure intellectual property rights promptly. The SARDAR KHAN & CO team communicates fluently in both legal and business/technical terminology, focusing on maximising the competitive advantage of our clients’ intellectual assets.

Trademark Application & Registration Services in Pakistan

Any unique word or phrase, logo, design or symbol that can distinguish your goods or services among others can be trademarked. Nevertheless, generic words, descriptive terms only, and marks, which are easy to confuse with the already existing trademarks, might not be easily registered.

Protection of intellectual property is vital to both large and small businesses. SARDAR KHAN & CO supports its customers in various industries in the purchase, protection, and enforcement of patents, trademarks, copyrights, trade secrets, and other intellectual property rights. One of the strong points of our IP lawyers is that they have prior experience in the law, technical, and commercial aspects of the field, working as in-house IP counsel and patent/trademark examiners.

The protection of trademarks is local. To protect globally, clients can submit applications to any country or through international treaties, like the Madrid Protocol, through which applications are done in the countries in an easy way.

Registration expenses in case of trademarks consist of registration fees, attorney fees, search fees, and the official registration fee. The precise price is dependent on the intricacy of the mark, area, and services necessary.

Your Brand

Protect your Brand in Pakistan

The registration of trademarks makes your brand your legal property, and you have exclusive rights to use it. This means that third parties would not use your brand by registering a similar or closely similar mark to your registered trademark.

The registration of trademarks gives the unique rights that are limited by the law, which may ensure the prevention of misuse by rivals, reduce misunderstanding among consumers, and enhance the brand value.

Trademarks help in protecting brand names, copyrights help in protecting original works, and patents help in protecting inventions or processes. Domain names can also be registered trademarks under the condition of distinctiveness. Logos and slogans might also be safeguarded in case they form a distinctive identifier of a good or service.

The ® is a symbol of a registered trademark, and ™ can be used to claim the rights to the mark which is not registered yet.

Words in a foreign language, colours, or sounds can be trademarked as well, using distinctive words when they are able to identify a particular good or service.

What is a Trademark?

A trademark refers to a distinctive sign that distinguishes a good or service provided by one entity from other entities and is known as a sign that is uniquely identified or distinguished using a word, phrase, logo, symbol, or other unique design.

The same is served by a service mark, which recognises the origin of services and not products. The trademarks may be either word marks (text) or shape marks (logo). It is recommended that both kinds should be registered so as to enjoy complete protection under the Trade Marks Ordinance, 2001.

The Ordinance refers to a mark as a trademark, which is a mark that is graphically representable and can distinguish the goods or services of one trading entity and not another. This is letters, words, personal names, signatures, figures, numerals, devices, labels, packaging, shapes, colours, sounds, or even a combination of such.

Registration of a Trademark in Pakistan

Trademark registration provides legal protection, enabling injunctions and remedies against unauthorised use. Registered marks hold advantages over unregistered marks, such as prima facie evidence of ownership.

The registration process in Pakistan varies depending on mark complexity, objections, and jurisdiction, typically ranging from several months to a year.

Key benefits of registration:

• Exclusive rights to use the mark.
  
  
• Legal evidence of ownership and validity.
  
  
• Prevention of unfair competitor use.
  
  

Without registration, a trademark owner must prove infringement through extensive evidence under common law principles like passing off.

Which Trademarks Can Be Registered?

Ideally, trademarks are supposed to be inventive or unique, as in the case of Khaadi, Mocca and Shezan. Essentially, any generic words or terms that have no relationship to goods/services can also be registered, such as Apple to computers or Shell to fuel.

The trademarks cannot be fundamental descriptive words, which are commonly used surnames, geographic names or which are abusively close to existing marks.

Who May Apply for Trademark Registration?

Any legal entity may apply for trademark registration. The bona fide owner is the individual or entity listed in the Trade Marks Registry. Applicants can register marks they already use or intend to use in commerce. Co-owners can jointly apply with equal ownership shares under an agreement.

Criteria for Trademark Registration

The trademark must be distinctive and not misleading or descriptive of goods/services. The applicant must demonstrate current use or intention to use the mark. Failure to use within five years may result in cancellation under Section 73 of the Ordinance.

Classification System

Pakistan is based on the Nice Classification system as provided in the Trade Marks Ordinance, 2001, under Section 12, and the goods and services under Classes 1-34 and 35-45, respectively.

Infringement of Trademarks in Pakistan

Trademark infringement occurs when someone uses a registered mark without authorization. Section 40 of the Ordinance identifies infringement scenarios, including identical or deceptively similar marks on identical or related goods/services. Well-known trademarks under Section 86 are also protected from unfair use.

Role of a Trademark Attorney

A trademark attorney offers advice in registration, objections, oppositions and enforcement. Lawyers assist in the proper filing, reduction of the chances of rejection, and the recovery of rights against infringement.

Services include:

• Trademark searches.
  
  
• Application filing.
  
  
• Objection and opposition handling.
  
  
• Renewal, licensing, and assignment.
  
  
• Monitoring and enforcement.
  
  

Trademark Registration Process

Filing

Applications include applicant details, mark representation, class of goods/services, specifications, first-use date, and power of attorney.

Examination

The IPO reviews applications within 2–3 months. Objections require an attorney’s response and may involve hearings.

Publication

Accepted applications are published for two months for opposition, extendable further. Third-party opposition may require defence via TM-6.

Registration

Upon approval and fee payment, the certificate is issued for ten years, renewable indefinitely.

Renewal

Renewals occur every ten years. Failure to renew leads to removal from the register.

Trademark Laws Protecting IP Rights

Trade Marks Ordinance, 2001, governs remedies for infringement. Sections 39–41 define registered trademarks as personal property and outline prohibited acts.

Exceptions under Section 42 include:

• Use of personal names or business names in good faith.
  
  
• Comparative advertising or descriptive indications of goods/services.
  
  

Remedies include damages, injunctions, and an account of profits. Suits are filed in District Courts (Section 117).

Penalties under the Pakistan Penal Code

Sections 478–489 define offences and penalties for false, counterfeit, or tampered marks. Punishments range from fines to imprisonment, depending on severity and intent.

Protection under the Customs Act, 1969

Sections 15–17 prohibit the import/export of goods with counterfeit or false marks. Goods may be confiscated if found in violation, ensuring compliance with Pakistan’s IP regulations.

For assistance with trademark registration in Pakistan or to protect your brand, contact SARDAR KHAN & CO today.