WHO CAN APPLY FOR A TRADEMARK IN PAKISTAN?
The IPO Act 2012 read with prevailing rule and regulations allow that a trade mark registration application can be made by following persons:
- Partnership Firm
- Company- Limited Liability Partnership, Private and Public Limited Company, Non-Profit Organization (NGO, Trust, Welfare Society, Foundation etc.)
Request for Search Facility (Optional)
We recommend that search request may be made on Form TM-55 to Registrar of Trade Marks to check whether there are any identical or similar logos already registered with Intellectual Property Organization (IPO). IPO maintain a register of all marks and logos already registered and can be helpful in making informed decision while choosing a name for your brand.
Check list for Filing a Search Application
- Search Application Form TM-55 is applicable for trademark search in any one class at a time.
- Form TM-55 must be accompanied with two representations of the mark (each representation should be on a sheet of strong paper)
- Search fee amounting to 1000/- PKR should be submitted in the form of Pay order/ Bank draft made in the name of Director General IPO.
Personal Search Facility
You can also opt to have a quick check on Search register. This facility is available at Trade Marks Registry, Karachi, Islamabad and Karachi. Every person opting for this facility is allowed 15 minutes to check the register upon paying Rs. 300/- through bank draft.
How to Fill TM-1 Form for applying registration of Trademarks
An application in writing to the Registrar of Trademarks for registration of a trademark is made on Form TM-1
Check List to Fill TM-1 Form for Applying Registration of Trademarks
- An application for registering a register a trademark to be made on TM-1.
- One copy of TM-1 along with six representations of trademark on a strong paper of 13×8 inch must be accompanied.
- Application must specify the class in which brand is sought to be registered. In case if Trademark is to be registered in more than one class, a separate application must be given for each separate class [See Trade Marks Rules, 2004, for classification of goods and services].
- Form must be completely filled [Full name, Description and Nationality of the applicant].
- Full name and nationality of every partner must be specified in case of Partnership firm.
- Complete trade or business address must be specified.
- If the mark is in the form, of series, then indicate the number of series.
- Indicate domain name is in respect of goods or services.
- If the mark is in color, then color may be claimed. In this case, the applicant shall have right to use only the claimed colors in his/her mark.
- If no color is claimed, mark may be used in any color.
- Signature of applicant is required with his/her designation. If the mark is owned by an individual, he must sign it. · If owned by a partnership firm, by the managing partner, · If the applicant is a limited company, by the managing director or Director.
- Where the application is being filed through an attorney, a power of attorney on Form TM48, duly stamped, must accompany this application.
- If the applicant is foreign national, he should file application through their duly authorized attorney or advocate in Pakistan.
- If the mark is in a language other than English or Urdu, it’s translation and transliteration in the form of an affidavit from the applicant must accompany this application
How to Authorize an Agent in the Matter of Proceeding Trademark application?
- If applying through an Advocate/Agent, Form TM-48 (Power of Attorney) duly stamped and notarized must be executed.
- The authorized Agent, will act on behalf of applicant and shall make correspondences on behalf of the applicant.
How to Pay the Filing Fee?
Pay Order / Bank Draft amounting to Rs. 2000/- in the name of Director General, IPO-Pakistan is payable for each application.
- Upon receiving the application Cash receipt and trademark number is allotted to the applicant;
- The Acknowledgement Receipt by the Trade Marks Registry is issued within 10-15 days of filing an application;
- After 3 months Examination Report is generated. In case of objections, applicant is served with Show-Cause Notice.
- Reply to show-cause notice is required to be made within 2 months from date of issue;
- An objection may arise if you file your application for trademark in an incorrect classification. Once all objections, if any, are satisfied, the IPO may also call you for a hearing before the Registrar to provide answers to any further queries;
- In case of no objection, application will be published in the Trade Marks Journal to call upon any person to bring his grievance on the table with two months from date of publication in journal. Application stands accepted, if no oppositions are filed and Demand Notice is issued to the applicant requiring to submit Form TM-11 along with registration fee amounting to Rs. 9,000/- in form of a pay order/ bank draft in the name of Director General IPO-Pakistan for issuance of the Registration Certificate;
- Registration Certificate is issued by the Registrar of Trademarks on receipt of payment etc.
A Trademark Certification is valid for ten (10) years from the date of application and is renewable under section 35 of the Trademark Ordinance 2001.
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