Procedure for Trademark Opposition in Pakistan
Once a trademark is published in the Pakistan Trademarks Journal, any person can file an opposition against registration of the said trademark in Pakistan by filing a notice of opposition within the prescribed period of 2 months from the date the Trademarks Journal is made available to the public. The time period to file the notice of opposition against registration of a trademark in Pakistan can be extended by a maximum period of 2 months upon filling a specified request extension of time along with the prescribed fee, if made before the expiry of the statutory period of 2 months.
A trademark application can be opposed in Pakistan on relative and absolute grounds under Section 17 and 19 of the Trade Marks Ordinance, 2001.
Once an opposition is filed against a trademark in Pakistan, a copy of notice of opposition so filed is served to the applicant by the Trademark Registry and the applicant is then required to file a counterstatement within 01 month of receipt of the notice forwarded by the Registry, failing which the application shall be treated as abandoned.
Thereafter the Registrar will request evidence in writing from both parties. If the dispute is not settled by the parties, then hearing is fixed in the matter.
The decision of the Registrar made in the opposition proceedings can be challenged by the aggrieved person by filing an appeal before the High Court. In the absences of an opposition, a trademark is registered, and the certificate of registration is issued.
TRADEMARK OPPOSITION FLOWCHART PAKISTAN
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