Trade Mark Registration
A trademark is some sort of graphical mark which can differentiate goods and services of one business from goods and services of any other business. It should contain the words, phrases, symbols, or design that identify the one-party business and distinguish the sources from others.
Domain of Trade mark
The subject matter or domain of a trademark will be elaborated as
- Good name of a business or
- The goodwill
Service Info
Skills
Buffing, Mopping, Dusting
Client
John Dibag
Trademarks are influential tools for differentiating goods within the course of trade from the products of others. Trademark law in Pakistan is regulated by the Trademarks Ordinance, 2001.
The trademark which is thought as a logo and may be registered through IPO –holding Organization that’s the Federal body and deals with the trademarks, service marks, patents, copyright etc. in Pakistan. The registered logo becomes the brand and no one can use or market without the permission of the authorized person It is vital to induce the trademark register because it is very hard to line up a profit-oriented business. Structuring such a business needs a significant attentiveness and sacrifice on a part of the owner of business. Following are the explanations for which you will need to register your trademark.
Need to register Trademark
Trademarks and other laws relating to copyright are in existence to guard the businesses from copiers who always try to duplicate the uniqueness of a successful businesses entity and take an advantage from it. Having your unique trademark registered with IPO Pakistan will gives you with lawful defense against all those people/businesses which might strive for imitate or copy the brand after your successfulness. Mainly for this cause, this is very important to initiate the registration procedure for your unique trademark.
Registration of Trade Mark
Trademark Registration in Pakistan has the following enlisted procedure:
- Determine the classification
- Filling the Trademark search application
- Filling the Trademark Registration application
- Response to any object raised by IPO Pakistan
- Advertising in the trademark journal
- Final registration
Here is a representation of the aforementioned steps
01
Determine the classification
02
Filling the trademark search application
03
Filling the trademark registration application
04
Response to any object raised by IPO Pakistan
05
Advertising in the trademark journal
06
Final registration
Here is the brief description of all steps involved in registration of trademark;
Determine the Classification
The first step is to opt the classification (class) where under goods or services of your business is falling. It is vital to keep in mind that you will be required to file a separate application for every class where under you wish to register your unique trademark.
Filling the Trademark Search Application
After the determination of classification as mentioned above, a Trademark Search (TM-55) application is required to be filed before the IPO Pakistan. The need for this application is to recognize whether any similar type of trademark is already registered in the market or not. There are two types of methods for search as following:
Search Application for the trademark registration in Pakistan through Form TM-55:
- For one trademark search, one Search Application Form TM-55 will be applicable in any one class only
- Search Form TM-55 is required to be enclosed with two representations of the mark (each representation is to be mounted on a solid paper sheet)
- Search fee amounting to Rs. 1,000 is to be paid within the kind of Bank draft/Pay order drawn in the name of Director General IPO
- Form TM-55 is extremely easy to fill, just need to follow the instructions mentioned with in the Form
- Choose the category from the given classification. This class signifies the business nature that must be an identical
- applicant's Signature
- Address of business and the address for the correspondence if they both are different
Search Report can be issued by the department in almost 15 days, afterward the applicant may proceed for the registration of the trademark.
Note: The applicant may file the direct registration application without obtaining the search report.
Personal Search Facility
Personal Search Facility for rapid information is available at Trade Marks Registry, receipt for bill of exchange amounting to Rs. 300/- per client for 15 minutes.
Fee for filling trademark search application
The official filing fee for e trademark search application is PKR. 1,000/-.
Filling the Trademark registration application
The third step in Trademark registration is filling an application for registration before registrar. On receiving the Trademark Search results, Trademark Registration Application (TM-1) for every class is required to be filed wherein you wish to register your trademark. This is pertinent to mention here that you will be needed to furnish a separate application for each class. Here are some of the steps you have got to follow for filling trademark application;
- Fill up the application form in the prescribed form TM-1 and submit pay order of Rs. 3,000 in the name of Director General IPO-Pakistan
- Eight copies of the TM-1 together with the durable copies of the logo
- Specify the color of the mark. If no color, then mark is employeed in any color
- Specify the goods or services in any one class and file separate applications for separate classes
Note: Please read out the form carefully before filling all the instructions are mentioned on the form TM-1.
Fees for registration application
A specific amount of fee is being charged for filling an application for registration i.e. PKR 3000/- A form (TM-48) for authorization of an agent is also required to be attached along with your Trademark Registration Application. A stamp paper having a value of PKR 1,000/-.will be used fr printing the form TM-48.
Response to any objection raised by IPO Pakistan
When an application is being filled it may be refused by IPO due to following reasons;
Your trademark contains obscene content.
Your trademark contains a religious symbol.
The trademark has already been registered.
Response of IPO
After scrutiny of the submitted application, an objection notice(s) may be sent by IPO Pakistan requiring about more explanations related to your application. In case of an incorrect classification at the time of filing an application, objection may also be raised accordingly. On the satisfaction of all the objection(s), if any, you may also be called for hearing by the IPO before the Registrar to elaborate answers to any further issues.
Advertising in the trademark journal
On fully satisfaction by the IPO that your trademark does not have any similarity with any other registered trademark or any pending trademark which are yet to be registered, a notice will be issued to publish the trademark with in the Trademark Journal. The purpose for this publication is to provide an opportunity to the general public an opportunity to confront any objection and to make sure that there is no registered trademark in the market with similar design.
Final Registration
If there would be no objection from the general public within two months in response to the aforementioned publication of the Trade Marks Journal, the application will be accepted and a Demand Notice will be is issued to the applicant by which you will be requested to submit Form TM-11 along with registration fee amounting to Rs. 9,000/- in shape of a pay order and in the name of Director General IPO-Pakistan for issuance of the Certificate of Registration.
Certificate of Registration is issued by the Registrar of Trademarks on duly receipt of the registration fee amounting to Rs. 9,000.
Let’s have an overview of fee schedule for registration.
Fee Schedule
| Steps | Form | Fees |
|---|---|---|
| Trademark search application | TM-55 Form | PKR 1,000/search application |
| Trademark registration application | TM-1 Form | PKR 3,000/class |
| Final registration | TM-11 | PKR 9,000/class |
When the final registration is over it takes some time for trademark to get registered.
Average time required for registration of trademark
The normal time for registration of a trademark is approximately two (02) years. However, this may differ in a case to case basis. The process of registration may be considered initially as time taking, but when we go to long term, securing intellectual property is well worth the both of time and efforts.
Benefits of registering trademark
- If you have registered a trademark in your own name or in your company’s name, you have a privilege to use it
- You also can license another business to use and charge a fee against it. Registration also provides legal certainty, and if a legal dispute arises, you will have a strong position IPO Pakistan ensures effective enforcement through various designated agencies just like the Police, Federal Investigation Agency (FIA), and Pakistan Customs. You would be able to initiate proceedings to claim damages under sections 46 and 47 of the Trademark Ordinance 2001, against parties who violate your rights by copying the mark.
- As owner of a registered trademark, you may have the prerogative to stop all third parties from using identical or similar signs within the trade of goods or services. So here is the brief discussion about registration of trademark
- It does not matter whether you are a small-scale retailer, a startup, or a multinational giant, you should strongly consider registering trademarks for your products and services for your own protection
- Failure to do so may allow competitors to take advantage of your brand through unfair marketing techniques.