Trademark Registration in Pakistan
A trademark is a symbol, word, or sign that is legally registered or established by use as representing a company or product.
Benefits of trademark registration in Pakistan
Once a trademark is registered, the owner receives the following main benefits
- A notice of claim to any other businesses thinking of using the same symbol or word as its trademark
- A legal presumption of ownership, which can help fend off would-be users.
- The exclusive right to use the claimed trademark usage.
Looking To Register Your Trademark In Pakistan?
For every business owner Pakistan, whether you have a restaurant, a small café, a grocery shop or if you have launched a cosmetic brand or online business where you provide your services, it is necessary to make sure that you have intellectuals right by registering your identity or brand through trademark.
Trademarks are crucial because they provide you with a legal means of preventing competitors from adopting confusingly similar marks to yours. People are likely to be confused about the source of goods or services when they see or hear a confusingly similar mark that looks or sounds similar to yours and is used on a similar sort of products or services.
Forming a Business Isn’t Federal Trademark Registration
Many business owners believe that by forming a corporate entity in Pakistan, they instantly acquire a registered trademark for their company name. This isn’t entirely accurate. You do have certain state law trademark rights on your business name if you form a business entity. Moreover, your state will not permit another company to be formed with the same name as yours. However, your business name will not be preserved across state boundaries, and the rights you do have may be hard to enforce. Simply forming a company does not grant you any rights to your other trademarks, such as your tagline or logo. You must register your trademarks with the IPO for nationwide protection and stronger enforcement rights.
All Business Names Aren’t Created Equal
Some company classes are defined more trademark protection than others. Furthermore, because certain names are too general, they cannot be registered as trademarks. “Fanciful” names have the strongest trademark protection or “arbitrary” names that use a common word to refer to an unrelated product, such as “Apple” computers or “Shell” oil firm, or “made-up” names like “Xerox.” Suggestion names, such as “Under Armor” or “Jiffy Lube,” that infer a product’s features without specifying them, are likewise trademark able. Descriptive or geographical names, such as “Chicago Pizza” or “Clean Car Wash,” are normally not eligible for trademark registration. Neither can names that are completely generic, such as “Ice Cream.”” Consider to use a name which is likely to be eligible for trademark protection when naming your company.
company is infringing on your trademarks, act quickly. Consult an attorney for guidance on mailing a “cease and desist” letter and other possible steps. Trademarks can be a powerful tool for protecting your brand. Do your homework and choose a business name wisely to increase your chances of obtaining good trademark protection.
How Much Time Does It Take To Register A Trademark In Pakistan?
The Process of trademark registration usually takes about eighteen months of time period which include the process of filing of application for registration and till you get your trademark registration certificate is issues.
Infringement Of Trademarks
Trademark infringement is the illegal/unauthorized use of a trademark on goods and/or services in a way that is likely to create confusion, or mistake about the original source of the goods or service. Section 39 and 40 of the Trade Marks Ordinance 2001 says that if any individual person, or company, uses the trademark which is identical to the goods or services for which that mark has been registered, it shall be deemed to be the infringement of the trademark under Section 40.
Action For Trademark Infringement
Section 46 provides different remedies for trademark infringement in Pakistan:
- Injunctions
- Damages
- Accounts; or
- Any other remedies which are available to the person having some other property rights.
Place Where The Suit Has To Be Instituted
According to Section 117 of the Trade Marks Ordinance 2001, suit for the purpose of redressed of grievance caused as a result of infringement of any trade mark is required to be filed before District Court.
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Filing of Trademark Application
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