A trademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. Trademarks used to identify services are usually called service marks.The trademark owner can be an individual, business organization, or any legal entity. Trademark Registration in Pakistan is governed by the provisions of the Trade Mark Ordinance 2001 and the Trademark Rules 2004. Following are the steps for Trademark registration in Pakistan.
Steps For Trademark Registration in Pakistan
Filing of Application
First of all, a trademark application is filed in accordance with the Trademark Form and its fee.
Preliminary Examination
Once the application is filed, it is examined by the registrar of the Trademarks. Examination of an application takes around 8-12 months from the date of filing of the application. After examination of application, the registrar of the Trademarks may raise objections to the application. It is routing practice of Trademark Registry to raise the objections. Trademark offices usually do it in almost 99% of trademark applications.
Examination Report/Show Cause
The objections raised by the registrar are communicated to the applicant by way of a notice. A hard copy of the report is sent to the applicant. Almost 99% of applications receive objections.
Response to the Objection
Due to the notice of objection, a reply is to be submitted. It has a time limit of two months therefore it should be submitted on priority basis.
Hearing
If the registrar is satisfied with the written reply, he may clear the mark for advertisement. However, if the registrar is not satisfied, a hearing is conducted.
Publication in Trademarks Journal
Once the mark is cleared of all the objections, it proceeds for advertisement in the Trademarks Journal. The journal is open to the public so anyone can access it. The purpose of advertisement is to invite any opposition to registration of the mark from any third parties. If no oppositions are filed, the mark moves to registration. However, if the registrar receives any objection from any person, the opposition procedure occurs.
Issuance of Registration Certificate
Once a mark is registered, the registrar issues a certificate of registration. Finally, the applicant may use the insignia ® or ™ for the business. A trademark registration is valid for a period of ten (10) years from the date of application, hence, can be renewed from time to time.
Time Duration
Due to large number of applications, the total time span for registering a trademark in Pakistan is 1 ½ to 3 Years.
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