These instruction will only help you to register trademarks in Pakistan. The Process for the registration of trademarks is governed by trademarks ordinance 2001 and trademarks rules 2004. These laws are only applicable in the territory of Pakistan.
Marks has been defined in section 2 (xxiv) as ‘a device, brand, heading, label, ticket, name including person name, signature, word, letter, numeral, figurative elements, colour, sound or and combination’.
According to legal information institute ”A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods”.
Trademarks is one branch of intellectual property. In Pakistan the intellectual property organization (IPO) handles the process of registration of trademarks. This organization is established under the act of parliament which is IPO Pakistan act 2012.
Procedure For Registration of Trademarks
Procedure for filing trademarks application or registration consists on two major steps.
The request for the search of trademarks has to be made before registrar of trademarks to check whether there already exists any identical or similar mark or not.
This request has to made on prescribed form TM-55 which you can get by clicking on the TM-55. Search fee of Rs 1000 has to be paid in any scheduled bank in the form of bank draft/pay order in the name of Director General IPO. This fee is valid only for one search.
Along with this application two copies of Mark or logo or name on a strong paper has to annexed and bank draft has to be submitted in trademarks registry. The result of search are provided to the applicant in 10 to 15 days after submission.
On the other hand personal search facility is also available at trademarks registry Karachi and Lahore. Unfortunately this facility is not available in Islamabad office. This Facility can be availed after paying fee of Rs 200 in shape of bank draft in any scheduled bank for 15 minuted per client.
If it is found in the search that no prior marks exists than an application for the registration of trademarks can be made to the registrar of trademarks on a specified form TM-1 along with fee of Rs 2000 as a bank draft.
Along with this application 6 copies of mark or logo (which you want to register) on a durable paper should be filed.
The class of goods or services has to mentioned in the application. To check the class of business the applicant can see schedule IV of trade marks rules 2004.
Registration of Trademarks Through Agent
If the applicant cannot file the application himself for any reason. Than he can start this procedure through advocate/attorney. The applicant need to give power of attorney on a prescribed form TM-48.
When all the requirements are fulfilled than acknowledgment report will come with in 3 months, that applicant has been allotted trademark.The final fee for the registration of trademarks is Rs 6000 in shape of bank draft via prescribed form TM-11.
This is how the process of registration of trademarks comes to an end.
All information which has been mentioned here are obtained from the website of intellectual property organization Pakistan. If there is any mistake than you can also prefer to their official website.