Pakistan Trademark Registration 

The average time frame for the registration approval is 24 months, if no objections or oppositions arise.

Pakistan is the territorial limit of registration and does not take effect in other countries.

It is one of the requirements to complete the registration process.

Pre-filing use may demonstrate the mark’ acquired distinctiveness and help overcome an opposition on the grounds of non-distinctiveness.

In addition, the first person to use a mark has the ultimate right to such mark, even if another person subsequently registers it.

A trademark must be used within five years from the date of registration.

• words
• names
• devices
• certain three-dimensional shapes
• colours
• slogans
• sounds
• trade dress/get-up
• collective marks
• certification marks
• well-known marks
• service marks

The order of the application process is as follows:

1. Examination - the application is examined based on the following:
   • Formalities
   • Classification
   • Clarity
   • Descriptiveness
   • Distinctiveness
   • Deceptiveness
   • conflict with prior registration
2. Publication – The details of an application are not made available to the public.
3. Registration – The trademark office will grant the registration certificate once all requirements are satisfied and when all oppositions are overcome.

• marks contrary to moral standards or public order
• generic terms
• names, flags or symbols of states, nations, regions, or of international organizations
• non-distinctive marks
• marks that function primarily as a surnames
• marks that function primarily as a geographic location name
• marks that hurt the religious susceptibilities of any class of citizens of Pakistan
• marks that are applied for or made in bad faith
• single chemical element or single chemical compound

Pakistan uses the Nice Classification System.

The Community Trade Mark registration is not effective in Pakistan.

The following requisites must be satisfied:

• The applicant's home country is a member of the Paris Convention
• The home application was filed within six months prior to the application in Pakistan.

The amount of use must be on a commercial scale and must occur in Pakistan.

The initial term of a registration is 10 years.

The first renewal date of a registration is 10 years from the application filing date.

It is legal to use an unregistered mark for any goods or services.

The answer to this question depends on the characteristics of your mark, your budget and the scope of protection that you would like to have in Pakistan.

If your trademark contains distinctive verbal elements (text) as well as design elements (graphics or logos) and you wish both to be protected, our recommendation is to file two trademark applications; one to protect just the verbal elements (the application will be filed as “Word Mark”) and another to protect just the design elements (the application will be filed as “Combined Mark”).

In this case, proceeding with two trademark applications has the following advantages:

1. Broader and stronger protection. If a third party files a “Combined Mark” with very similar text to yours but different design, their “Combined Mark” could be accepted for registration if you only filed a “Combined Mark” and not a “Word Mark,” because in its entirety the third party’s mark is still considered different from yours.
2. You will be protected if your logo evolves. It is common for companies to change the design of their logo with time. If you file a “Combined Mark” and not a “Word Mark,” your new logo will not be protected. You must use your trademark exactly as registered; if you don’t, your trademark may be subject to cancellation.
3. Effective verbal and graphics protection. Filing a “Word Mark” application provides greater flexibility to use your mark in different ways, whether it is presenting it in stylized text or presenting it with different designs (as long as they are not too similar to registered trademarks that belong to third parties). At the same time, filing a “Combined Mark” allows you to protect the design elements of your mark.

If your trademark also contains a slogan or a distinctive design symbol, we suggest you file a specific application for each, as this will give you additional protection.

 

Pakistan Trademark Study Pakistan Trademark Registration