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Trademarks in Pakistan

Trademarks Ordinance of 2001 that was promulgated on April 12, 2004 has come into effect and as of now, Pakistan is following both the Trademarks Act of 1940 in respect of cases filed prior to April 12, 2004, as well as the new Trademarks Ordinance of 2001 for Trademark Application filed on and after April 12, 2004. Pakistan follows the International Classification of Goods and Services under the Nice Agreement (Ninth Edition) and it is possible to Register Service marks in Pakistan. Pakistan is member of Paris Convention therefore filing conventional Trademark Application is possible in Pakistan but Pakistan is not a member to Madrid, therefore for securing a Trademark in Pakistan it is necessary to file an Application locally before Pakistani Trademark Registry.  Multi class filing system is not allowed in Pakistan.

Trademark filing requirements in Pakistan:

(i) Trademark
(ii) Full Name, Address, Status and Nationality of the applicant(s)

(iii) International Class

(iv) Description of goods or service for which the mark is to be registered.
(v) The date of use of the Trademark in Pakistan (if any)

(vi) Description of Applicant whether Trader, Manufacturer, Merchant or Service Provider

(vii) Translation/ Transliteration of mark, if in language other than English

(viii) Priority details (if any) including Application no.; country and date of filing, certified copy of priority document to be filed within 3 months

(viii) Duly executed Power of Attorney (Duly notarised)
 

Trademark Registration in Pakistan

Following stages are encountered while registering a Trademark in Pakistan:

  1. Filing of Application
  2. Examination of Application
  3. Issuance of Examination report, if there are any preliminary objections
  4. Reply to examination report
  5. Hearing (if Registrar is not satisfied with response)
  6. Acceptance of Application (if reply is found satisfactory or if Registrar is convinced during hearing)
  7. Publication of Trademark Application in the monthly Trade Marks Journal
  8. Opposition within 2 months of publication
  9. Issuance of Registration Certificate, where no opposition is preferred or after opposition is favourably decided

Term of Registration:

Under the Trademarks Act of 1940 the initial registration of the trademark in respect of Trademark applications filed prior to April 12, 2004 was valid for a period of 7 years which was further renewable for successive period of 15 years thereafter.  But under new Trademarks Ordinance of 2001 The trademarks registration in respect of Applications filed after April 12, 2004 is valid for 10 years and  can be successively registered for each term of ten (10) years thereafter.

 

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Date : May 20, 2017
Location: Barcelona Spain

INTA 139th Annual Meeting

INTA 139th Annual Meeting was held in Barcelona Spain from 20th to 24th May 2017

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