The current trademark regulations in Pakistan are mainly based on the Trademark Regulations promulgated on April 12, 2001. The Intellectual Property Organization Registry of Pakistan is responsible for managing trademark affairs, and the official languages are Urdu and English. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. Pakistan trademark registration adopts the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
Pakistan is a party to international intellectual property treaties such as the TRIPS Agreement, Paris Convention, and WIPO Convention, as well as a member of the Madrid Protocol. Trademark registration can be processed through "single country registration" or "Madrid International Registration".
If the applicant does not reside in Pakistan, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product/service items;
3. Name and address of the applicant;
4. The power of attorney needs to be notarized;
5.If priority needs to be declared, provide proof of priority and its translation.
The main process for applying for registration of a Pakistani trademark is: application acceptance examination announcement approval issuance. After the application is submitted, the official first conducts a formal review, mainly examining whether the application requirements and classification information comply with regulations. Generally, it takes about 2 weeks to complete the acceptance. After acceptance, substantive examination of the trademark will be conducted, including examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination is passed, it will be announced; If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice.
The objection period is within 2 months from the announcement date, which can be extended twice for 1 month each time. Any interested party or prior rights holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued after the objection period ends. In a smooth situation, trademark registration in Pakistan takes 2-3 years; If things don't go smoothly and there are rejections or objections along the way, the time will be greatly extended.
The Pakistan trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.