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What is a Trademark?

A Trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and / or design that identifies and distinguishes the source of a service rather than goods.

It provides an exclusive right to the owner of the mark to use the mark and attach its identity with the goods produced or rendered by it.

It provides prima facie evidence of ownership and validity

It prevents the unfair competitors from using the registered mark

It allows use of registered trademark or other suitable abbreviations to demonstrate ownership of a trademark

It helps in franchising arrangements

Steps Of Registration Of A Trademark

Trademark Registration Procedure

The procedure for trademark registration is as follows

The applicant applies for a Trademark Search by filling out TM Form 55 and giving the required Trademark. A search is then made by TMR Office to check if a trademark similar to the one being sought already exists.
  1. If a similar trademark doesn’t exist, the applicant can move on to the next step.
  2. If a similar trademark is already registered, applicant can give another Trademark for search by filling out another form.
  3. This trademark search is not mandatory, but is recommended by TMR office to avoid any disputes in the future with matching trademarks.
2. After the search is made and does not result in finding a similar Trademark, applicant fills out the Application Form (TM Form 1or TM Form 2, whichever applies) for the registration. Goods and services for which a trademark can be obtained are divided into several categories known as Classes, the details of which can be viewed here. The application must contain:
  1. Prescribed Application Form (TM Form 1or TM Form 2),
  2. 8 copies of clear reproduction of the Trademark (Word, Symbol, Logo, 3D features etc.).
  3. A list of goods and services for which the Trademark is being sought.
  4. Payment to the respective administrator (usually the Director General, IPO – Pakistan).
3. An acknowledgment report is sent to the applicant within 15 days of application submission. The applicant is further notified regarding the application via an Examination Report within 3 months of application submission. If there is any objection regarding the Trademark, applicant is notified with a Show Cause notice to which the applicant must respond within 2 months and clarify all objections or the request will be cancelled.
4. If there are no objections at this stage, the trademark is published in a monthly digital Journal which is available on IPO’s website.
  1. The journal is available publicly, and anyone can view the trademarks which have been applied for registration.
  2. If some party has any objection against a trademark published in the journal, they can seek IPO’s action against it by filling out Form TM-5 or Form TM-8 (whichever applies to the case) to request the launch of an investigation.
  3. An applicant can submit their defence against opposition notice by filling out Forms TM-6 or TM-9 (whichever applies).
5. If no objection is raised within 2 months of the journal publication, the applicant’s request for trademark registration is accepted, and they are instructed via a Demand Notice to pay the registration fee alongside TM Form 11in order to receive a registration certificate.
6. Registration certificate is issued once the final payment is made by the applicant.
7. Applicant is responsible for the renewal of trademark every 10 years. Trademarks can be renewed by filling out TM Form 12 alongside making prescribed fee

Individual Requirements for Services of Trademark Registry

Trademark Registration Requirements:

Copyright Registration Requirements:

Patent Registration Requirements:

About

Mahanga Corporation

Mahanga Corp is a family owned diversified business. The portfolio of services include Taxation, Intellectual property, Customs clearing & forwarding services along with Payroll management and back office outsourcing functions.

Mahanga Corporation is also engaged in the import & trading of Plastic, Paper & Board, Bux board, Kraft, Art card, Art paper, Coated paper, Foil and other packaging materials.

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