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overview
The current trademark regulations in Pakistan are mainly based on the "Trademark Regulations" promulgated on April 12, 2001. The description of goods and services adopts the Nice Classification 11th edition, and does not accept multiple class applications for one standard. Therefore, separate applications must be submitted for each class. The registration office of the Pakistan Intellectual Property Organization is responsible for managing trademark affairs, and trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law.
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official language
English, Urdu
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Application principles
Pakistan trademark registration adopts the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
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Duration
Trademarks registered in Pakistan before April 12, 2004 are valid for 7 years, with a renewal period of 15 years; Trademarks registered after this time have a registration validity period and renewal validity period of 10 years.
Renewal can be processed within 6 months before the expiration date, and the grace period is also 6 months.
Attention: Pakistani trademarks need to provide evidence of use when renewing for the second time, otherwise they may be deemed unused and therefore invalid. -
objection to a trademark
Trademark opposition system: The opposition period is within 2 months from the date of announcement, which can be extended. The deadline for submitting opposition notices can be extended by up to 2 months, and the prescribed fees must be paid. The main reasons for raising objections are:
Conflict with prior trademarks;
Lack of distinctiveness in trademarks;
The trademark has adverse effects;
Malicious registration;
Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
Pakistan is a party to international intellectual property treaties such as the TRIPS Agreement, the Paris Convention, and the WIPO Convention, as well as a member of the Madrid Protocol.
Trademark registration can be processed through "single country registration" or "Madrid international registration".
If the applicant does not reside in Pakistan, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product/service items;
3. Name and address of the applicant;
4. The power of attorney needs to be notarized;
If priority needs to be declared, provide proof of priority and its translation.
The applicant submits trademark application documents to the IPO, and after the Trademark Office inspects the documents, for applications that meet the requirements, the application date and application number will be granted.
After the Pakistani trademark is accepted, the examiner will examine the trademark to check whether it has registrability and whether it is similar to existing trademarks. For trademarks that have not been approved in the examination, the IPO will issue a rejection notice, requiring the applicant to submit a response. If the applicant fails to respond within the deadline or the response is not approved, the trademark application will be deemed abandoned.
If there are no issues with the substantive examination, the examiner will issue a notice of acceptance to the trademark owner, and thereafter the trademark will be published in a trademark journal.
The announcement period for Pakistani trademarks is 2 months, during which anyone can raise objections. The objection period can be extended for a maximum of 2 months.
If the applicant does not receive any objections during the announcement period, the trademark will be approved for registration and a trademark registration certificate will be issued.
