Abu-Ghazaleh Intellectual Property

How long does it take to conduct a trademark search?

5 -7 working days.

Does Pakistan use the international classification?

Yes.

Are there any goods or services for which the mark cannot be registered?

No.

Does the specification of goods in any class limit the protection to the specified goods, or does it give additional protection to all the goods in the class?

Specification of the goods must be provided. All goods in a class cannot be covered in general.

Can a trademark be registered in the name of more than one applicant (i.e. joint application)? If so, what are its requirements?

Yes. A power of attorney executed by all the applicants.

Can an application be filed without its complete documents?

No.

Can one application cover more than one class of goods/services?

No.

May priority be claimed under the Convention Countries?

Yes.

What is the term of protection of a trademark? From what date is it calculated?

Ten years from the filing date.

Is marking mandatory?

No.

In case a trademark is not renewed in due time, and another company register the same trademark, can the original owner oppose the registration?

Yes.

If the trademark was originally filed incorrectly, what documentation would be required to amend the official register to show the correct details?

Amendment application.

Is use required before registration or for maintaining the registration in force?

No. Application can be filed with "Proposed to be used".

Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?

Yes.

What are the types of use required?

Exhibitions, sales, publication materials, LCs, bills of lading, TV Advertisements … etc.

Can the assignment of an application be recorded?

Yes.

Is recording a license agreement mandatory?

It is necessary in order to have an effect against third parties.

Can recordals such as change of name, address, merger, assignment, license, etc., be made against pending applications?

Yes.

Can an assignment be made with or without goodwill? What monetary consideration is to be mentioned as the value of the assignment? Is there any tax based on the value mentioned?

Yes, nominal value at least $10.00 (only), Yes.

Can the trademark application be opposed and what is the opposition period?

Yes; 60 days from the date of publication.

Does Pakistan allow for the registration of non-traditional marks (smell mark, sound mark, trade dress, etc.)?

Pakistan does not allow the registration for smell and sound marks but trade dress can be registered.

Can a part of the trademark be a city or country name if that is different from the nationality of the applicant?

Maybe but it will be deceptive and exclusive rights cannot be granted.

Can a slogan be registered?

Yes

Is the use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?

No.

In what way a 'use' of a trademark should be carried out?

Commercial activities regarding the use of the trademark in Pakistan.

What should I keep in mind to pick a good and protectable name for my new brand?

Innovative, distinctive, and coin-words are preferable.

TM represents unregistered trademark, ® represents registered trademark, and © represents, if the mark is protected as copyright. The owner may use the TM symbol regardless of whether an application for registration has been filed and if the use of symbol ® in relation to unregistered trademark is a violation of section 102 of Trade Marks Ordinance, 2001 which shall not be less than one month but may extend to six months, or with fine which shall not be less than twenty thousand rupees or with both.

Abu-Ghazaleh Intellectual Property | AGIP

Pakistan

FAQ

Trademarks

Address

Power Of Attorney

Laws

Pakistan

FAQ

Trademarks

Address

Power Of Attorney

Laws

Head Office

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