Trademark Registration in Pakistan: A Comprehensive Guide
What is a Trademark?
The Trade Marks Ordinance 2001 defines a trademark as any mark capable of being represented graphically that can distinguish the goods or services of one undertaking from those of other undertakings. A sign can include a letter, word, name (including personal name), signature, figurative element, numeral, device, brand, heading, label, ticket, aspect of packing, shape, color, sound, or any combination of these features.
Essential Features of a Trademark
- Distinctiveness: It must be distinctive, either inherently or acquired. Inherent distinctiveness means it is distinct in itself, while acquired distinctiveness means it has gained distinctiveness through use.
- Non-descriptive: It cannot be a descriptive word, but can be an invented word or a word that has acquired distinctiveness through use.
- Surnames and Personal Names: Surnames and personal names are generally not distinctive and cannot be registered as trademarks unless they have acquired distinctiveness through use.
Why Register a Trademark?
Registering a trademark provides legal protection against infringement and establishes ownership of the mark. It also helps prevent confusion in the marketplace and protects the reputation of the brand.
Criteria for Registration
To be registered, a trademark must not be descriptive, geographic, or a common surname. It must also be capable of distinguishing the applicant’s goods or services from those of other traders and not mislead the public about the nature of the goods or services.
Trademark Infringement
In Pakistan, a registered trademark is infringed by the unauthorized use of that mark, or a mark that is substantially identical or deceptively similar to it, in relation to:
- Goods or services for which the trademark is registered
- Similar goods or services (unless the alleged infringer can prove that the use is not likely to deceive or cause confusion)
- Well-known marks in Pakistan, even if used on unrelated goods or services, if such use indicates a connection with the owner and adversely affects its interests
Trademark Registration Process in Pakistan
- Search Request: Submit a search request to the Registrar of Trademarks to ensure the proposed trademark is not already registered.
- Application Submission: Submit an application to the Registrar on the relevant form, providing the necessary particulars and fee.
- Advertisement: The application will be advertised in the Trademark Journal. This may trigger opposition proceedings.
- Registration: If there are no oppositions, the Registrar will enter the trademark in the Trade Mark Register and issue a certificate of registration.
Conclusion
The process of trademark registration in Pakistan is straightforward and outlined in the Trademark Ordinance 2001. By following the steps outlined above, businesses can protect their trademarks and establish their brand identity in the marketplace.