What is Trademark?
Any design, sign, symbols, logos, words or combination of colors is termed as Trademark is , trademark distinguishes products and services from other goods and services. trademark can be some sort of unique typographic design or font-based art, imagery, 2D or 3D figure, signature, numerals, etc., or a combination of these. Trademark is considered one of the most powerful marketing tools you have, helping customers recognize your business for the quality of its products or services.
Trademark registration secures your brand name from misuse. If a business doing business with trade or brand name but it is not registered as trademark then any party can get registered the name with the same brand name which may put at risk all business and earning capacity of business. The ® symbol next to trademark can be used if one is using registered trademark. Due to lack of awareness Trademark Registration in Pakistan is not a common business practice.
Step by Step Process of Trademark Registration in Pakistan
Step-I Trademark Search
In first step availability of proposed trademark is checked, application for Trademark Search is filed on form T-55. A thorough search is done by trademark registry official and search report, describing a list of all resembling trademarks, is issued to applicant by the Trademark Registry.
If a trademark which has resemblance with the applied trademark then one has to apply with other name.
Step-II TM Number:
After receiving search report one can apply for trademark registration, Form TM-1 is filed for trademark registration, authorized officer is satisfied then a temporary trademark number (TM Number) is issued to the applicant .
Following documents will be attached with the application :
After scrutiny of documents and application is issued to the applicant.TM Number authorize one to use TM number along with trademark on packing of the products, TM Number shows that the trademark appearing on product has been applied
An examiner will review your application. The application will be reexamined. This process can be repeated until the examiner issues a final refusal of registration or you do not reply, amend, or appeal. Examination Report is issued within three months of submission of application. If there is any objection regarding the Trademark, applicant is informed through a notice t notice issued must be replied within two month, otherwise application will be deemed to be cancelled.
If any party has objection on trademark published in the journal then any opposition to oppose the applied trademark is filed Form TM-5 or Form TM-8 , whichever is applicable.
If opposition is filed by any party to oppose registration of any trademark applied then the applicant file defense against opposition by filling Forms TM-6 or TM-9 (whichever applies).
Step- IV Publication
If an examiner approves your application, it will be published in the Trademark Journal. This gives others the opportunities to oppose registration of the mark. One reason that others would oppose registration is if they are using a similar mark and believe that your mark will dilute theirs. The trademark journal are available online.
Step– V Request for Certificate
If no objection is raised within two (02) months of publication of trademark in trademark journal then the application for trademark registration will be considered as accepted. Applicant is required to pay registration fee and also file TM Form 11 in order to receive a registration certificate.
Step– V I Issuance of Trademark Certificate
On receipt of application Trademark Registration Certificate is issued by the IPO renewal of trademark certificate is required after every 10 years
We have been providing services of Trademark Registration in Pakistan for a long time if you need any assistance for trademark registration please feel free to contact us.