A Trademark is a word, phrase, symbol, or design that identifies and differentiates the basis of the goods of one party from others. A service mark is a word, phrase, symbol, or design that identifies and distinguishes the source of a service rather than goods.
For the owners of the company or services providers in Lahore and around Pakistan, it is necessary to ensure the intellectual rights by registering their identity or brand through trademark. Tax Care offers its best services in Lahore and all over Pakistan trademark registration. Most of the people in Lahore City and Pakistan are not aware of how trademark registration works.
IPO-Pakistan had taken significant steps to improve the existence of Trademark services in Pakistan and enlarge the scale of its Regional operational services at Karachi, Lahore and Islamabad.
It is necessary to know the significance of a trademark Registration in business and how to protect this right. Those who are new to the industry and looking to register products for a mark so that people can recognize them as an individual brand than Tax Care is the best solution to fulfil your needs for filing a trademark application in Lahore and all around Pakistan.
The highly skilled Legal Attorneys at Tax Care trained to guide and process of all critical areas of trademark registration in Lahore and all cities of Pakistan to newly startup entrepreneurs and companies. Trademark Registration is a non-neglected process and can be beneficial at any time during your business operations. Tax Care legal Attorneys are expert in “Trademark, Brand logo” registration and welcomes the questions by all customers.
According to trademark rules and regulations in Lahore and all over Pakistan, a trademark application made by the followings:
Advantages of Trademark Registration / Logo Registration in Pakistan
Though it is not a milestone or mandatory good companies always make a background Trademark search before filing a Trademark Application. It is optional but advisable to search for the appropriate mark before applying for trademark registration. There are two significant benefits to this trademark search.
The company with a registered trademark can sue any other company with a similar or identical mark. Thus this trademark search is an examination to check if a brand is explicit for adaption or it has any risk involved with infringing the right of any other company.
Trademark Application in Pakistan based on 45 classes of goods and services prescribed by IPO Pakistan. From class 1 to 34 classified as goods and class 35-45 relates to services. This classification is under the Trademark Ordinance 2001 that is an adoption of the Nice Classification (NCL) of Goods and Services, set by Nice Agreement (1957).
The Trademark Ordinance 2001 acknowledges a color(s) to be also a part of a registration for a trademark. As per the act, the registration may involve a limitation of color, without it, or a combination of colors. Generally, when a trademark registered along with a color, it is binding on all other colors too. Any application with a limitation of colors follows the same protocol as the applications without a restriction of color(s).
The Applicant (representing a company/brand) applies for a Trademark Search by filing the “TM Form 55” with the required trademark. The IPO Pakistan search for it to verify if a similar trademark already exists or not. It is to check the originality of a trademark. If there is no similar trademark found, then the application moves to the next stage.
If there is a similar trademark registered, the Applicant asked to give another mark for search by filing a new Application for trademark. This trademark search is not mandatory but optional. However, it is highly recommended by the IPO Pakistan to avoid disputes among companies for similar trademarks in the future.
Ideally, when the search finds no similar result on the proposed trademark, the Applicant fills an Application Form called TM Form 1 or TM formed 2 (whichever applies to him) for registration. The goods and services of a company fall under different classes given in the Trademark Ordinance 2001. At this stage, the application must contain the following documents.
The documents and information for filing a trademark application in Lahore and around Pakistan are as under:
After submitting all these documents, an acknowledgement report sends to the Applicant. It takes no more than 15 days from the submission date. IPO Pakistan further notified about the Examination Report within three months of application.
If the application faces any objection regarding the content or the proposed trademark, the Registration Office issues a Show Cause notice to Applicant. It has a response time limit of two months, and by this period, Applicant must clarify the objections by giving valid reasons. In case the Applicant is not successful, presenting an argument in support of his application, then IPO Pakistan has right of cancellation for Registration Application.
When there are no objections found in the application, the trademark is then allowed to publish in the monthly digital Journal published by IPO Pakistan (It is accessible at IPO’s website for online viewing). This digital Journal has free access for the public; anyone can view the proposed trademarks for which registration applied.
In case of an objection from a party or company, IPO Pakistan takes action by filing the Form TM-5 or TM-8, whichever applies to it. These forms are to request the investigation of the trademark application.
The Applicant asked to submit his defence against the object by filing the form Forms TM-6 or TM-9 (whichever applies).
When there is no objection pointed within two months of publishing the trademark in the online Journal, the request for trademark registration is accepted. The Applicant asked to pay the trademark registration fee and fill the TM Form 11 to obtain the trademark registration certificate.
Once the Applicant completes the payment, Trademark Registration Certificate is issued. The trademark required renewal every ten years. The Applicant has to fill TM Form 12 along with the renewal fee for it.
As mentioned in the registration procedure, there are several forms required to be filled by the applicant. Each one of them has a different price. The revised charges list is available on the official website of IPO. Following is the list of some major forms along with their price.
|TM-01||Application of registration for trade mark for goods/services and register a domain name||3000|
|TM-02||Application of registering specific goods/services||3000|
|TM-05||Notice for dispute||9000|
|TM-06||Answer to the notice of dispute||1500|
|TM-09||Counter-statement in reply to the notice of dispute||1500|
|TM-11||Application of registration for certificate||9000|
|TM-12||Renewal of a trademark||15000|
|TM-13||Application for restoring a removed trademark||3000|
|TM-55||Application for request of the search of trademark||1000|
Once the trademark is registered, the Registrar shall issue a certificate called Registration Certificate of a trademark. After obtaining this certificate, the applicant/company may use the symbol (®) for their brand. It is necessary to know that if a trademark is not used for five years and three months consecutively from the date of registration, it may become cancel on account of non-usage.
A Trademark Certification is valid for ten (10) years from the date of application. However, it is renewable under section 35 of the Trademark Ordinance 2001 after this time.
Section 35 of the Trademark Ordinance 2001 explains that a trademark renewed after the expiry of the applicant applies within six (06) months from the expiry date. The applicant is required to fill two forms; one for trademark certification renewal (Form TM-12) and second for the payment of surcharge (Rs. 15,000/-) for one trademark. If the application of Trademark renewal does not follow the time limit of six (06) months, the Registrar is authorized to remove the registered trademark from the Register. In this situation, the applicant needs to apply for the restoration of the trademark by filling (Form TM-13) from the Trade Mark Rules, 2004.
The restoration fee for restoration of a trademark is Rs.3000/-, and such an application is accepted only between six (06) months to 1 year (12 months) from the date of expiry of trademark registration.
Based on extensive experience, the trademark registry from the time of applying for the issuance of the trademark registration certificate average process time takes more or less 18 months.
The complete guideline on trademark filing is available at IPO’s official website. In case of a problem, contact persons at the Trademark Registration Office assist the official helpline or online support system. The contact list is available at IPO’s website.
The highly skilled Attorneys at Tax Care specialize in filing registration Applications of trademarks for its valuable clients. The expert advice, along with timely submission of complete documentation, ensures the Registration Certificate for a company/services within minimum time limit.
Trademarks: Classification of Goods and Services Clicking Here
FAQs on Trademark Registration in Pakistan are accessible by clicking Here
Monthly Trademark Journal published by IPO Pakistan can be viewed by clicking Here