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Registration of trade mark

 

APL IP attorneys provide advice, assistance, prepare and file applications for the registration on the following area of Intellectual property:-

What is Trade Mark?

 

Trademark means any mark capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.

Trade name:-

Trade names" means names used by a person to denote his trade or
calling and includes firms' and companies' names;

A trade name shall be protected without the obligation of filing or registration under trade mark Ordinance whether if forms part of a trade mark or not.

 

The following steps are pre-requisite for registration of Trademarks in Pakistan:-

      Search before filing of Application

      Filing of Application

      Preliminary Examination

      Final order for Publication

      Printing in Trademarks Journal

      Opposition Procedure

      Issuance of Registration Certificate

 

Classification of Goods and Services:-

A trade mark may be registered in accordance with the provisions of this
Ordinance in respect of-
(a) goods;
(b) services; or
(c) both goods and services,
comprised in the prescribed classification of goods or services in accordance with the
international classification of goods and services. 

Any question arising as to the class within which any goods or services fall shall
be determined by the Registrar whose decision in the matter shall be final.

An application for the registration of the same trade mark in different classes shall be treated as separate and distinct applications.

Please click the link below to see classification of goods and services:-

http://www.wipo.int/classifications/nivilo/nice/index.htm?lang=EN

 

 

 

Registration of Geographical Indications (Collective Marks-Certification Marks)
Globally Geographical Indications can be legally protected as Collective Marks, Certification Marks or under a Stand-alone Geographical Indications Law. Presently the Trade Marks Ordinance, 2001 provides for the registration of Geographical Indications under the ambit of Collective as well as Certification Marks.

Collective marks:-

A collective mark is a mark distinguishing the goods or services of members of the association which is the proprietor of the mark from those of other undertakings.

 

Certification marks:-

A certification mark is a mark indicating that the goods or services in connection with which it is used are certified by the proprietor of the mark in respect of origin, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics

Indication of geographical origin of certification marks:-

Notwithstanding the provisions of clause (c) of sub-section (1) of section 14, a

certification mark may be registered which consist of signs or indications which may

serve, in trade, to designate the geographical origin of the goods or services.

 

Indication of geographical origin of collective mark:-

Notwithstanding the provisions of clause (c) of sub-section (1) of section 14, a

collective mark may be registered which consist of marks or indications which may

serve, to distinguish the geographical origin of the goods or services.

 

Protection of well known trade mark in Pakistan:-

A trade mark which is entitled to protection as a well-known trade mark shall be to a mark which is so entitled under the Paris Convention and which is well-known in Pakistan as being the mark of a who-

(a) is a national of a Convention country; or

(b) is domiciled in, or has a real and effective industrial or commercial establishment in, a Convention country. whether or not that person carries on business, or has any goodwill, in Pakistan and references to the proprietor of such a mark shall be construed accordingly.

 

Trademarks statues of Pakistan

        Trademarks Rules 2004

        Trademarks Act 1940

        Trademarks Ordinance 2001

        Revised Rules 1963

For further information on APLS intellectual Property services please call us on 0092 (52) 4264120 or by email at: info@asiapacificlawyers.net

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