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
- Filing
- Examination
- Acceptance
- Publication of mark in the Trade Mark Journal
- Opposition Period (two months from the date of publication)
- Registration
- Renewal
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.
- If a similar trademark doesn’t exist, the applicant can move on to the next step.
- If a similar trademark is already registered, applicant can give another Trademark for search by filling out another form.
- 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:
- Prescribed Application Form (TM Form 1or TM Form 2),
- 8 copies of clear reproduction of the Trademark (Word, Symbol, Logo, 3D features etc.).
- A list of goods and services for which the Trademark is being sought.
- 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.
- The journal is available publicly, and anyone can view the trademarks which have been applied for registration.
- 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.
- 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:
- TM-1 in duplicate
- Six representations affixed on a durable paper of 13x8 inch
- CNIC of the Trademark Holder/partners
- Specification of goods or services sought to be protected in any class
- Residential address of holder or Letterhead of the Business
- Other Information or Documents as required
Copyright Registration Requirements:
- Two Copies of work
- Demand Draft / Pay order of fee as applicable per work
- CNIC of the Copyrights Holder / partners
- NOC from publisher if work has been published and publisher is different from applicant
- Search certificate from trademark Office if the work is capable of being used on goods
- Residential address of holder or Letterhead of the Business
- Power of attorney
- Other Information or Documents as required
Patent Registration Requirements:
- Form P - 1 or Form P - 1A application without priority
- Form P - 2 or Form P - 2A application with priority
- Form P- 3 for provisional or Form P- 3A for complete specification)
- Patent Specification
- Drawing(s), if any
- Demand Draft / Pay order of fee as applicable per work
- Form P - 28(power of Attorney) if any
- Priority document(for convention application)
- CNIC of the Copyrights applicant
- Other Information or Documents as required
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.
Send us a message
Please share your contact information and queries, and we’ll get back to you soonest!