A trademark is a distinctive symbol, word, or design that distinguishes goods or services from various sources. It plays a crucial role in protecting brand identity and preventing market confusion by legally prohibiting unauthorized use of the mark. This article provides an overview of the necessary steps and procedures for trademark registration in Pakistan.
Important Steps Before Filing an Application:
- Gather information about the nature of your business.
- Provide company details.
- Specify the duration of brand usage.
- Complete and submit Form TM48 (For Attorney).
Step 1: Search Report
To begin the trademark registration process, submit Form TM55 to the Trademark Registry. This form requests information about any existing or pending similar brands. The Trademark Registry will provide the required details within 15 to 20 days. This step is known as the Search Report.
Requirements for the Search Report:
- Completed Form TM55
- Detailed information about the nature of the business
- Class of business
- Specimen of the trademark
Step 2: Application TM1
After obtaining the Search Report, submit Application Form TM1 to the Trademark Registry.
Requirements for Application TM1:
- Class of business
- Detailed information about the goods and services provided under the specific brand
- Owner’s details
- Company details
- Firm/Company Name
- Company address
- Clarify whether the mark is being used for the first time or has been previously used
- Specimen of the mark for registration
- TM Form 48
- Application fees
Step 3: Computerized Number & Acknowledgement
Upon submitting the application mentioned above, the Trademark Registry will issue a computerized number and acknowledgement for the brand.
Step 4: Examination
The Trademark Registry examines the submitted trademark application to determine its eligibility for registration.
Step 5: Response to Objections
If any objections arise within two months, a response should be submitted to the trademark registry. This response is crucial, as it may be used in future litigation.
Step 6: Hearing
During the hearing, it is the lawyer’s responsibility to address any objections raised by the trademark registry and satisfy the registrar. The registrar may accept or reject the application. In case of rejection, a detailed order can be requested under TM46, which is appealable before the High Court. If the application is accepted, it proceeds for further registration.
Step 7: Advertisement
Upon acceptance, the trademark application is advertised in the trademark journal. If there are no objections raised within two months through Form TM45 (Notice of Opposition), the trademark registration process continues. However, if an opposition is filed, the procedure is paused until the litigation is resolved.
Final Step: Registration
In the absence of opposition, the Trademark Registry issues a demand note through Form TM11, requesting the payment of trademark registration fees within one month. Once the fees are paid, the trademark is registered for a period of 10 years starting from the date of filing.
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