General information:

Law: The Ordinance of Trademarks 2001 enforceable as of 12 April 2004. The applications which have been filed for registration under the old law of 1940 will be treated as have been filed under the new law, and the trade marks already registered shall be transferred to the Register to be maintained under the new law.

Registrable Trademarks: Trademarks, certification marks Include figurative elements, color, sound or any combination thereof.

Classification: International classification, classes from 1 to 42 is now applicable under the new law, multi-class filing.

Duration: as of 12 April 2004 the term of registration is 10 years from the date of application and may be renewed for several times of 10 years each.

Language: English.

Time from filing to registration: the approximate time frame for completing the registration process of a trademark is 2 to 3 years.

Time Frame for search: it takes around 6-7 working days for search report.

Term of Trademark

A trademark Registration is valid for ten (10) years and need to be renewed for further terms of ten (10) each thereinafter. The mark can be renewed within last 6 months prior to the expiration of the latest registration or renewal.

Upon payment of an additional fee, a late renewal is possible during a grace period of 4 months starting from the date of publication of the registration in the Trademarks Journal under the heading “Unpaid Renewal Fee.”.

Renewal Duration : 10 years.

Publication : After acceptance and before registration, in the Official gazette.

Opposition Period : 2 months.

Use: non-use for 5 years following registration makes the registration vulnerable to cancellation.

Search by applicant name is not possible.

Trademark filing requirements:

A power of attorney [on Form TM-48] signed by the applicant duly notarized. One general power of attorney is sufficient for the registration of any number of trademarks of the same applicant.

Name, address and nationality/domicile and nature of business of the applicant, e.g. manufacturers, merchants,Or both etc. of the applicant.

Specification of the goods or services on which the mark is applied.

Transliteration and translation of non-English words appearing in the mark.

Date of the 1st use in Pakistan if any, and in case the mark is not used application should be filed on the basis of intent-to-use.

A certified copy of priority document with its English translation in case it is claimed with priority date, application No., name of country noting that priority documents can be filed within three months from filing date).

The trademark applications can be filed without the power of attorney which can be submitted at a later stage after filing at no additional cost or time frame.

Time frame from filing a trade mark application up to registration, on average, in the case that no office action or oppositions are issued or lodged:

Filing up to Examination : 9 months

Examination up to Publication : approximately 12 months

Opposition Period : 2 months + 2 extensions

End of Opposition Period up to Issuance of Registration Certificate : 6 months

Total Estimated Time Frame : 31 months

Renewal requirement:

A power of attorney [on Form TM-48] duly notarized and signed by the applicant in two places marked by X. (for each case separately).

A copy of registration certificate.

Note: Trademark Applications filed on or after 12th April, 2004 are registered for a period of 10 years, while the applications filed before the mentioned date, they are registered for a period of 7 years.

Estimated Time Frame: 3-6 months

 

Change of name/ address:

A notarized power of attorney.

An official document certifying change of name.

Estimated Time Frame: 3-6 months

Assignment requirements

A notarized power of attorney.

A notarized deed of assignment

Notes

A separate application is to be filed for each class of goods/services.

An application can be filed only with its complete documents. (priority documents can be filed within three months from filing date)

Estimated Time Frame: 3-6 months

FILING REQUIREMENTS

1. A Power of Attorney simply signed on Form P-28.
2. Name, address and nationality of the applicant.
3. An abstract of the invention of no more than 200 words.
4. Three copies of the specifications and claims.
5. Three sets of the drawings relating to the invention, if any.
6. A certified copy of the application giving the filing date, number and country, if the application is to be filed with a priority claim.

ANNUITIES

Fee for the maintenance is due annually on the anniversary of the filing date and can be paid before the grant.

GRACE PERIOD

Six month grace period is allowed with the payment of surcharge.