Starting a business is like going on a big adventure. In the busy market of Pakistan, it's crucial to protect your brand. Think of your trademark as a guiding light for your business, making it stand out and keeping it safe.
In this post, we will explain all the details and process of registering a trademark in Pakistan, giving you a clear path to protect your brand. Also, we will unravel the intricacies of trademark registration and will provide answers to your questions and concerns.
Procedure for Trademark Registration in Pakistan
Let’s explore the step-by-step journey to get your trademark registered.
Step 1 - Do a Trademark Search for Checking Availability
Before you apply for trademark registration, the first crucial step is to check if the name or symbol you want to use is already taken. You can do this by downloading Form-55 from the IPO website. Fill it out and take it, along with a pay order of Rs.1000 made out to the Director General IPO (Intellectual Property Organization of Pakistan), to the IPO office.
This search ensures that your trademark is unique and not already registered by someone else. To submit the TM 55 form, you can go to the relevant IPO office in Lahore, Islamabad, Karachi, or Peshawar. Remember that:
- You need the Search Application Form TM-55 for doing a trademark search - and this applies to one class at a time.
- Make sure to include two representations of your trademark on sturdy paper when submitting Form TM-55.
- The search fee, totaling 1000/- PKR, should be paid through a Pay order or Bank draft made out to the Director General IPO.
Step 2 - Know & Choose the Right Trademark Class to Register a Trademark
To ensure proper protection for your trademark, it's essential to identify the appropriate trademark class or classes that accurately represent your goods or services associated with it. In Pakistan, the ‘Nice Classification’, which includes 45 classes, is followed.
Choosing the right class is critical for the effective safeguarding of your trademark rights. It's important to note that your trademark will only be legally protected for the specific classifications you specify.
However, determining the correct class can be challenging. For instance, if your business involves screen-printed T-shirts, you might need to decide whether to register under the class for goods (shirts), services (printing), or both.
Step 3 - Fill Out and File a Trademark Application
During this step, the process begins with the completion of a straightforward application for trademark registration. This application involves providing essential information, including the applicant's name, the brand to be registered, details about the variety of products, and descriptions of the services associated with the trademark.
The application forms used for this purpose are TM 1 and TM 2, which include sections for product classification and brand divisions. As part of the application, it's crucial for the applicant to furnish a comprehensive list of commodities and products for which the trademark is being registered. This detailed list ensures that the scope and coverage of the trademark registration are accurately defined.
In summary, this step involves filling out the TM 1 and TM 2 forms, specifying the applicant's details, brand information, product variety, and service descriptions, while also providing a comprehensive list of associated commodities and products.
Here’s a list of the documents required in this step:
- TM1 and TM2 application forms.
- Attach a pay order with the form, in the name of Director General IPO with requisite fee.
- A clear representation of the trademark in the required format. If the trademark includes specific colors, these should be accurately represented in the submission, typically through color printing. This step ensures that the visual elements of the trademark are clearly communicated, aiding in the accurate identification and protection of the unique features associated with the mark.
- If you are filing the trademark application through an agent, you will need to include a Power of Attorney (T.M 48). This document grants the agent the authority to act on your behalf in matters related to the trademark filing. The Power of Attorney must be printed on a Rs.100 stamp paper and attested by a Notary Public.
- Details of the applicant, including name, address, and nationality.
Remember: You have the option to file the trademark application either online or in person at the registry office of IPO Pakistan.
Step 4 - Formalities Assessment
After submitting the trademark application, the trademark registry conducts a formalities assessment. They review the particulars of the application to ensure that they align with the requirements. If any discrepancies are identified, the applicant is notified.
The applicant is typically given a period of 30 days to address any issues found by the trademark registry. It's crucial for the applicant to promptly address and resolve any concerns to facilitate the smooth progression of the trademark registration process.
Step 5 - The Trademark is Advertised
Following the filing of the trademark application, it undergoes both a formal examination and a substantive examination by the Trademarks Registry. If no objections or oppositions arise during these examinations, the trademark is scheduled for publication in the Trademarks Journal, a stage that lasts for two months.
During this publication period, interested parties have the opportunity to oppose the registration. This opposition period spans four months, during which a trademark attorney may invite public opposition. Members of the community hold the right to express disagreement with any particular brand during this time.
If an opposition arises, the trademark attorney facilitates the process, and a dispute may be raised by the concerned community. In the event of a conflict, the trademark attorney may hold back the application, prompting the applicant to resolve the issues. In such cases, the applicant fills out a defensive form, either TM-6 or TM-9, in response to the opposition notice. Once the conflict is resolved, the application proceeds to the next stages of the registration process.
Step 6 - Fee Payment
Following the publication of the trademark in the monthly journal, the trademark registry issues a demand notice for fee submission to the applicant. This notice serves as a request for the applicant to fulfill the necessary fee requirements for the trademark registration process.
The applicant is then required to submit the prescribed fee to the administrator of the Intellectual Property Organization (IPO) of Pakistan or the director-general. This fee payment is a crucial step toward completing the trademark or brand name registration procedure.
Step 7 - Trademark Registration
Once the required fee has been paid, the trademark undergoes the final steps of the registration process. The trademark is officially registered, and a registration certificate is issued to the applicant.
Upon successful registration, the applicant is granted the right to use the registered symbol "®" to signify the protected status of their trademark for the specified products or services. This registered symbol serves as an indication to the public that the trademark has been officially registered and enjoys legal protection.
Validity and Renewal
The registered trademark is then deemed valid for a period of 10 years, starting from the date of the original application. Importantly, this registration can be renewed indefinitely for successive periods of 10 years, and it is the responsibility of the applicant to renew the trademark every 10 years.
Now that we have explored the whole procedure around how to register a trademark in Pakistan, let’s discuss and address other important information and concerns you may have.
IPO Charges for Registering a Trademark in Pakistan
The cost associated with trademark registration in Pakistan varies depending on the specific application and the chosen filing method. Below is an overview of the costs involved:
Physical Filing for Individual Business
- Cost: PKR 5000
- Applicable for: Individual liability, startup
- Certificate Issued: Yes, a certificate is issued by the government and attached to the application for MSME or startup businesses.
Physical Filing for Partnership, Private Limited, and Persons Own Company
Cost: PKR 10,000
Online Filing for Individuals/Startups
Cost: PKR 4500
Trademark registration online Filing for Multi-Business, LLP (Limited Liability Partnership), PLT (Private Limited Company)
Cost: PKR 9000
It's important to note that these costs cover the application fees for trademark registration. The choice between physical and online filing depends on the applicant's preferences and business structure. Also, the fees are subject to change, and applicants should verify the current trademark fees.
What Documents Do You Need for Trademark Registration
To successfully register a trademark in Pakistan, you will need to provide the following documents:
Application Form for Registration: Fill out the required application form for trademark registration.
Person Identity Proof: Submit a copy of your personal identity proof, which can include an ID card or driving license.
Address and Postal Code: Provide your address details along with the postal code.
Nationality Proof: Include proof of your nationality.
Firm Proof/Incorporation Statements: If applicable, submit proof of the firm or company's existence, such as incorporation statements.
Trademark, Logo, Brand Name, Device: Present clear representations of the trademark, logo, brand name, or device that you wish to register.
Goods and Services List: Include a comprehensive list of the goods and services associated with the trademark.
Soft Copy of Registered Trademark: If the trademark is already registered, provide a soft copy of the registration.
User Affidavit (if already registered): In case the trademark is already registered, submit a user affidavit.
Power of Attorney: If you are filing through an agent, include a Power of Attorney (T.M 48) printed on a Rs. 100 stamp paper and attested by a Notary Public.
Ensure that all the provided documents are accurate and complete to facilitate the trademark registration process.
Things to Understand About a Business Name Registration in Pakistan
When choosing a name for your business, it's important to be aware that not all names receive the same level of trademark protection. Here's a breakdown:
Strong Protection
Fanciful Names: These are invented words with the highest trademark protection.
Arbitrary Names: Common words used in unrelated contexts, like "Apple" for computers or "Shell" for an oil company.
Made-Up Names: Completely invented names like "Xerox."
Moderate Protection
Suggestive Names: Names like "Under Armour" or "JiffyLube" that hint at a product's features without explicitly stating them.
Limited Protection or Not Eligible
Descriptive or Geographical Names: Names like "Chicago Pizza" or "Clean Car Wash" may not qualify for trademark registration.
Generic Names: Completely common names for products, like "Ice Cream," generally cannot be trademarked.
When naming your business, consider using a name that is likely to be eligible for trademark protection. Strong and distinctive names provide better legal safeguards for your brand registration in Pakistan.
If you need help with trademark registration services in Pakistan? Turn to Musheer.com for expert guidance. We specialize in making the registration process seamless and stress-free for entrepreneurs like you.
For Trademark Protection Nationwide - Registering with the IPO is Essential
Forming a business entity in Pakistan provides state law trademark rights within your state, preventing the registration of another company with the same name locally. However, these rights don't extend across state boundaries. Register your trademarks with the IPO to secure comprehensive protection and stronger enforcement rights nationwide. Simply forming a company does not automatically protect other trademarks like taglines or logos.
Why is Registering a Trademark Important?
Registering a trademark in Pakistan is crucial for several reasons:
1- Legal Protection
Just as registering a company in Pakistan provides legal recognition, the same way, trademark registration provides legal protection for your brand, preventing others from using similar marks for similar goods or services. It establishes your exclusive rights to the trademark, helping you defend your brand against infringement.
2- Brand Recognition and Trust
A registered trademark enhances brand recognition and distinguishes your products or services from competitors. Consumers often associate registered trademarks with quality and reliability, building trust in your brand.
3- Business Expansion
Trademark registration facilitates business expansion by securing your brand identity in the market. It enables you to enter new markets without the risk of confusion or legal challenges.
4- Asset Value
A registered trademark is an intangible asset with monetary value, contributing to the overall worth of your business. It can be licensed or sold, providing additional revenue streams.
5- Legal Recourse
In case of infringement, a registered trademark provides a strong legal basis for taking legal action against violators. It simplifies the process of resolving disputes and seeking damages.
6- Exclusive Rights
Trademark registration grants exclusive rights to use the mark in connection with specific goods or services. It prevents others from benefiting from the reputation and goodwill associated with your brand.
7- Preventing Unauthorized Use
Registration acts as a deterrent, discouraging others from using similar marks. It allows you to take legal action against unauthorized use, protecting your brand's integrity.
8- International Protection
If you plan to expand globally, a registered trademark in Pakistan can serve as a basis for obtaining protection in other countries through international treaties and conventions.
In summary, trademark registration in Pakistan is a strategic investment that not only safeguards your brand but also contributes to its growth, credibility, and overall business value.
Frequently Asked Questions
What is a Trademark?
A trademark is a distinctive sign or symbol that represents a brand or business. It can take various forms, including logos, names, slogans, or a combination of these elements. The primary purpose of a trademark is to uniquely identify and distinguish the goods or services of one business from those of others in the marketplace. Trademarks play a crucial role in branding, helping consumers recognize and trust specific products or services associated with a particular name or symbol.
How long does it take for a trademark to be registered in Pakistan?
Registering a trademark typically takes around eighteen months. This duration covers the entire process, starting from filing the registration application to receiving the official trademark registration certificate.
If the trademark details were initially filed incorrectly, what documents are needed to fix the official register and show the accurate information?
An amendment application is necessary to correct any inaccuracies in the trademark registration process.
If a trademark isn't renewed on time, and another company registers the same trademark, can the original owner challenge the registration?
Certainly, the original owner has the right to oppose the registration if their trademark is not renewed on time and another company tries to register the same trademark.
Can one trademark application cover more than one class of goods/services?
No, each good or service falls under a specific trademark class. It's crucial to identify the correct class for your goods or services.
What is the term of protection of a trademark? From what date is it calculated?
The protection period for a trademark is ten years, starting from the filing date.
What are the Legal rights of the Owner of a Registered Trademark?
The owner of a registered trademark enjoys exclusive rights to use the trademark. Violations can lead to legal actions such as infringement, passing off, or unfair competition.
What are the Rights of the Owner of an Unregistered Trademark?
An owner of an unregistered trademark cannot initiate infringement actions or file criminal complaints against the owner of a misleading trademark.
Can I file a trademark application without its complete documents?
No, it's necessary to submit all required documents along with the application to initiate the registration process.
What is the Difference Between Copyright and Trademark?
Copyright protects original works, while trademarks safeguard items that distinguish a business. Copyright is automatic upon creation, whereas a trademark is established through the common use of a mark in business.
The main difference between copyright and trademark lies in what they protect and how they are obtained:
- Nature of Protection
Copyright: Protects original works of authorship, such as literary, artistic, or musical creations. It grants exclusive rights to reproduce, distribute, and display the work.
Trademark: Protects symbols, names, slogans, or any distinctive sign that identifies and distinguishes goods or services. It is about brand identity and preventing confusion in the marketplace.
- Creation and Registration
Copyright: Automatically exists upon the creation of an original work. While registration with copyright offices provides additional benefits, it's not mandatory for protection.
Trademark: Requires registration with the relevant intellectual property office to establish rights officially. Common law rights can be acquired through use, but registration offers stronger protection.
- Duration of Protection
Copyright: Typically lasts for the creator's lifetime plus a certain number of years (e.g., 70 years in many jurisdictions).
Trademark: Can be renewed indefinitely as long as it is actively used and renewed at specified intervals.
Can I Use The ® Symbol?
The ® symbol, commonly known as the registered trademark symbol, is reserved for trademarks that have been officially registered with the IPO. It signifies that the mark is officially recognized and enjoys exclusive rights. Therefore, you can use the ® symbol only after your trademark has been successfully registered.
Can I Use The ™ Symbol?
The ™ symbol, often referred to as the trademark symbol, can be used to indicate that you are claiming rights to a particular mark even if it is not officially registered. It serves as a notice to the public that you consider the mark to be your trademark. Unlike the ® symbol, there is no formal registration process required for using the ™ symbol. You can freely use ™ with your mark once you start using it in commerce. However, keep in mind that the ™ symbol does not provide the same level of legal protection as the registered ® symbol.
