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TRADEMARKS IN PAKISTAN


 

INDIAN IP LAWS

SAARC IP LAWS

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TRADEMARKS IN SAARC
TRADEMARKS IN PAKISTAN
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A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.

 

Trademarks in Pakistan may be designated by the following symbols:

 

™ (for an unregistered trade mark, that is, a mark used to promote or brand goods)

℠ (for an unregistered service mark, that is, a mark used to promote or brand services)

® (for a registered trademark)

 

A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound.

 

The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand.

 

The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, such as the well-known characteristics of celebrities. When a trademark is used in relation to services rather than products, it may sometimes be called a service mark, particularly in the United States.

 

 

Relevant Office

Intellectual Property Organization of Pakistan

Law in Force

Trade Marks Ordinance No. XIX of 2001

Nice Classification

Yes (Ninth Edition)

Paris Convention

Yes

Madrid Protocol

NO

Multi - Class System

NO

Document(s) required for filing a trade mark application

  • A simply executed Power of Attorney

(The aforementioned document can be filed at a later stage also)

Prosecution Process

  • Filing

  • Publication of mark in the Trade Marks Journal

  • Opposition period (two months from the publication date)

  • Registration

  • Renewal

Registration Term

10 years from the date of registration

Renewal Term

10 years from the date of previous registration

Cancellation Proceedings

If the trademark has not been used within 5 years from the date of issuance of registration certificate, it may be subject to cancellation upon request of any interested party. Subsequent use of the trademark can restore protection if no party has requested cancellation due to non-use in the meantime.

 

For more information on Trademarks in Pakistan please write to us at: info@ssrana.com


 
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