Trademark registration is any graphical image that is able of identifying goods or services of one business from those of another company.
The region or subject matter of a trademark can be defined as the good will or good name of a company.Trademark registration is a powerful instrument for identifying goods in the course of business from the goods of others. .
It is difficult to set up a profit-generating enterprise. Building such a business requires significant hard work and sacrifice on part of the business owner. Trademark registration and other copyright laws exist to defend your businesses from copycats who are always on the lookout to copy the status of successful businesses and benefit from it. Trademark registration with IPO Pakistan will give you legal protection against all those who might seek to imitate or copy your brand after your success. For this reason, it is necessary to start the method of Trademark registration ..
If you have a Trademark registration in your name or your company’s name, you have a particular right to use it. You can also allow another business to use and charge a fee upon it. Trademark registration also provides legal assurance, and if a legal dispute occurs, you will have a strong position. IPO Pakistan ensures effective execution through various designated companies like the Police, Federal Investigation Agency (FIA), and Pakistan Customs. You can also start proceedings to claim damages under sections 46 and 47 of the Trademark Ordinance 2001, against individuals who violate your rights by copying your mark. Being an owner of trademark registration, you will have the independent right to block all third parties from using the same or similar signs in the trade of goods or co-operations.
Trademark registration in Pakistan involves a method which is as follow
⦁ The first step is to determine the division under which your business fall. Please keep in mind that you will have to file a different paper for each class in which you want to register your trademark.
⦁ Once the analysis has been determined, you have to file a Trademark Search (TM-55) application before the IPO Pakistan. This application is filed to recognize whether any similar trademarks already exist in the market. The IPO Pakistan will decline to acquire your application if:
⦁ Your Trademark registration includes obscene content.
⦁ Your tTrademark registration contains a religious symbol.
⦁ The trademark has beforehand been recorded.
The effects of Trademark registration are given in section 33 of the Trade Marks Ordinance 2001, although the list is not exhaustive, it does specify the basic rights discussed on the registrants as set out below:
The possessor of a registered trademark shall have sole rights in theTrademark registration that are meddled by the use of the trademark in Pakistan without their approval. Without damage to the right of the owner of a registered trademark to obtain any relief following any other law for the time being in force, the owner shall also have the freedom to obtain relief under this law if the trademark is infringed. References in this Ordinance to the violation of a trademark registration shall be to any such infringement of the rights of the proprietor.
In addition to the above, the Trademark registration in the courts of Pakistan is supposed to be prima facie evidence of proprietorship that could end in instant relief by the courts in the form of interlocutory command against any unauthorized use of the registered mark. TheTrademark registration is more used on many forums to enforce proprietary rights in various areas of practice. .