its a recognizable name, design, expression or sign that identify the source and differentiate with others. Trademark could be a brand name, mark, or logo, a TRADEMARK can be some sort of unique typographic design or font-based art, imagery, 2D or 3D figure, signature, numerals, etc., or a combination of these.
Why TRADEMARK important?
Registered TM provides the legal framework for a brand. Its enable brand to provide quality products or services without fare of stolen identity. Beside it also protect consumers, provide endless opportunities to promote and encourage innovation and ideas.
TRADEMARK- IN PAKISTAN
In Pakistan, Trademarks Registry (TMR) is the federal government body that governs the rules and procedures for registering the Trademarks for different firms and products. The body works under IPO and acts as a Civil Court, and the head-office for TMR is located in Karachi.
TM ORDINANCE 2001, READ
TM RULES 2004, READ
TRADEMARK REGISTRATION under (IPO-Pakistan Act, 2012)
A trademark registration is valid for ten years counting from the date of filing in the territory of Pakistan. The registration can be renewed for an unlimited number of successive ten year periods. In principle, a trademark can be protected for ever.
In easy words order to get your TM registered, there is prescribed way.
SEARCH REPORT FOR TRADEMARK: Trademark registration depends upon several stages and its duration from starting to end almost from 6 month to 1 and half year. Therefore we recommend to go through with the search report that enable you in beginning for the rate of success in getting ownership of desired Trademark. Actually search report is a bunch of registered Trademark docs that resemble to applied one. On the basis of that you may round whether to apply for TMR to get desired Trademark or not. Search request can be filed on Form TM-55.
Note: One Search Application Form TM-55 would be applicable for one trademark search in any one class only.
APPLICATION FORM TO APPLY FOR TRADEMARK:
Fill TM-1 Form for applying registration of Trademarks after the search of the Register, an application may be made in writing to the Registrar of
Trademarks for registration of a trademark on Form TM-1.
Check List to Fill TM-1 Form for Applying Registration of Trademarks
Remember: Application should be made for specification of goods or services in any one class i.e., separate applications for separate classes.
Further : Apply through an advocate/Agent for the registration of a
trademark. So that authorized advocate/Agent will act on behalf of applicant and all correspondence relating to registration, will be made with Agent. For this purpose Form TM-48 (Power of Attorney) duly stamped and notarized will be submitted.
In result of TM-1 submission to authorities, within 10 to 15 working days TM number will be issued.
Acknowledgement Receipt by the TM registry is issued to the applicant within a month. Then examination report is generated after 3 months. If there are any objections on the applied trademark, they are communicated to the applicant immediately in the form of Show Cause
The applicant is required to submit a reply within two months of the issue of Show Cause Notice.If there are no objections application is published in the Trade Mark Journal. If no oppositions are filed to the published application within two months of the publication date of the relevant Trademark Journal, the application stands accepted, and s Demand Notice is then issued to the applicant requesting him/her to submit registration fee so that the registration Certificate may be issued.On the receipt of the Registration fee, the Registration Certificate is issued
Hope this article is helpful to understand TM REGISTRATION procedure in Pakistan
SPECTRUM CONSULTANCY HERE TO ASSIST YOU IF YOU WANT TO KNOW FURTHER.
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Senior Corporate Consultant