What is a Trademark or Service Mark?
A Trademark may include a word,
phrase, symbol, and/or design created and owned by a business, which specifies
and distinguishes the origin of the goods offered by that business from those
of others. Just like trademarks, a service mark may include a word, phrase,
symbol, and/or design created and owned by a business, which specifies and
distinguishes the origin of the services offered by that business from those of
others.
How you can get registered your trademark in Pakistan?
In Pakistan, Trade Marks Registry
of Intellectual Property Organization Pakistan is the responsible body for the
registration of trade and services marks under the Trademarks Ordinance, 2001.
Trade Marks Registry, headed by a Registrar, works under the supervision of the
Federal Government of Pakistan and its principal office located in Karachi and
Regional Office situated in Lahore.
Step-by-Step Process to Register Trademark
1.
Application
for Trademark Registration
Application made on prescribed
Form TM-1 along with 7 additional copies shall be filed in Trade Marks Registry
office at Karachi, Lahore, Islamabad or Peshawar. The concerned office shall receive
complete application with Bank Draft of prescribed fee and Power of Attorney in
case of filing by your lawyer. Trade Marks Registry Office shall issue
acknowledgement and application number on the spot.
Trademarks and Service marks are
classified or divided in 45 Classes, Class-1 to Class-34 covers products while
Class-35 to Class-45 include services. For Trademark or Service Mark
registration you must have knowledge of relevant class applicable on your
specific product or service.
You can also file an online
application for registration of Trademark or Service Mark at www.apply.ipo.gov.pk.
1. Examination
On receipt of trademark
registration application, Examination Section of Trade Marks Registry assigns the
application to one of its eight sub-section for thorough examination of
application in the light of Trade Marks Ordinance, 2001.
If any discrepancy or shortcoming
found in the application, the same is conveyed to the applicant with the
request to make it compliant with the Trade Marks Ordinance, 2001.
All subsequent amendments in the
application after filing are made through Form TM-16 which is filed with specified
amount of fee every time.
2.
Publication
of Trademarks in Journal
If there is no discrepancy found
in application or all shortcomings meet with and the application does not
contravene the Ordinance any further, then the Registrar accept the application
and send it to the Journal section for publication in Trademarks Journal.
The Journal Section publish all
accepted applications in the Trademark Journal for public awareness as well as
to invite opposition by interested parties before the final registration of a
trademark or service mark.
3.
Opposition
against Published Trademark
Once the Trademark is published
in Trademarks Journal, the interested parties invited to file opposition
against a trademark if the registration of such trademark infringe their right.
A time period of Sixty Days is given to file opposition after publication in
Trademarks Journal.
Registrar will communicate such
opposition to the applicant and the applicant needs to file a written reply of
the opposition. The Registrar will decide the matter after hearing the both
parties. In case, opponent satisfies the Registrar the trademark application
will be abandoned otherwise it proceed for registration.
4.
Registration
of Trademark Service Mark
If no opposition is raised or
opposition matters decided in favor of the applicant, then the registrar
recommend the registration of trademark or service mark and issue a letter to
the applicant to submit a prescribed fee to get the registration certificate.
A Trademark or Service Mark
registration certificate is issued by the Registrar. A registered trademark is
valid for a time period of 10 years, afterwards, it needs to be renewed for
another 10 years.
5.
Time
Period for Registration
Usual time period for
registration of a Trademark or Service Mark from application to registration
certificate is 18 to 20 Months, however actual duration depends on case to case
basis.
0 Comments
Post a Comment