Trademarks Law in Pakistan
Here is an overview of Trademark Law in Pakistan, reflecting the latest legal framework and procedures:
๐ต๐ฐ Trademark Law in Pakistan
Trademark protection in Pakistan is governed by the Trade Marks Ordinance, 2001, administered by the Intellectual Property Organization of Pakistan (IPO-Pakistan). This legislation aligns with international standards and provides a comprehensive framework for the registration and protection of trademarks within the country.
๐งพ Key Features of Pakistan's Trademark System
1. Registration System
First-to-File Principle: Trademark rights in Pakistan are acquired through registration, not use. This means that the first party to file a valid application for a trademark has the exclusive right to use it, regardless of prior use by others.
Examination Process: Upon filing, IPO-Pakistan conducts a formal examination to assess compliance with legal requirements. If no grounds for refusal are found, the trademark is registered. The average time from filing to registration is approximately 12 to 18 months for a smooth application.
2. Opposition Procedure
Publication: Trademark applications are published in the Trade Marks Journal within 10 to 15 days of filing.([:en]Axis IP[:cn]Axis IP[:])
Opposition Period: Any interested party may file an opposition within two months from the publication date. This period is extendable by two additional months upon request.
Procedure: If an opposition is filed, the applicant has two months to respond, extendable for an additional two months. Failure to respond results in abandonment of the application.
Resolution: After considering the opposition and applicant's response, IPO-Pakistan issues a decision, which may be appealed before the Appellate Board.
3. Duration and Renewal
Protection Period: Trademark registrations are valid for 10 years from the registration date. (Mughal Barristers)
Renewal: Registrations can be renewed indefinitely for successive 10-year periods. Renewal applications must be filed within six months prior to the expiration date. A six-month grace period is available after expiration, subject to additional fees.
4. Use Requirements
Declaration of Use: Trademark owners must file a Declaration of Use within three months following the third anniversary of the registration date. Failure to do so results in automatic lapse of the registration.
Non-Use Cancellation: If a trademark is not used for three consecutive years, it may be subject to cancellation by a third party.
5. International Protection
Madrid Protocol: Pakistan is a member of the Madrid Protocol, allowing for international trademark registration through the World Intellectual Property Organization (WIPO). This system enables applicants to seek protection in multiple countries with a single application.
๐ Summary Table
| Feature | Details |
|---|---|
| Governing Law | Trade Marks Ordinance, 2001 |
| Registration Authority | Intellectual Property Organization of Pakistan (IPO-Pakistan) |
| Duration | 10 years from registration, renewable every 10 years |
| Opposition Period | 2 months from publication |
| Use Requirement | Declaration of Use required after 3 years; non-use may lead to cancellation |
| Multi-class Applications | Allowed; Nice Classification system |
| International Treaties | Madrid Protocol |
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