Trademark lawyer in Pakistan
For Trademark lawyer in Pakistan, feel free to contact us to solve your intellectual property issues.
Trade Marks / Domain Names / Patents / Copyrights / Industrial Designs / Integrated Circuits / Geographical Indications / Intellectual Property Law in Pakistan & Worldwide
Intellectual Property includes as under:-
trademark is a sign that individualizes the goods of a given
enterprise and distinguishes them from the goods of others.
It can be in the form of words, designs, letters, numerals
or packaging, slogans, devices, symbols, etc.
patent is a grant from the Government, which confers on the
grantee, for a limited term of 20 years, the following acts,
namely (1) When patents has been granted in respect of a product.
(2)When the patents has been granted in respect of a process.
industrial design is the ornamental or aesthetic aspect of
an article, in other words, that part which makes the article
attractive & appealing. It may consist of three-dimensional
features, such as the shape or surface of an article or two-dimensional
features, such as patterns, lines or colours.
circuit means a product, in its final form or an intermediate
form, in which the elements, at least one of which is an active
element, and some or all of the interconnections are integrally
formed in and/or on a piece of material and which is intended
to perform an electronic function.
deals with the protection of literary and artistic works.
These include writings, music, and works of the fine arts,
such as paintings and sculptures, and technology-based works
such as computer programs and electronic databases.
Indication in relation to goods, means , an indication which
identifies such goods, as originating or manufactured or produced
in a territory of a qualifying country or a region or a locality
of a qualifying country , where a given quality, reputation
or other characteristic of such goods, is essentially attributable
to its geographical origin.
A trade mark is a distinctive sign or indicator used by an individual, business organization and any other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities. The owner of a registered trademark may bring legal proceedings for trademark infringement to prevent unauthorized use of trademark. Therefore, trademark registration is an important step towards safeguarding Brand name and style in Pakistan and the World at large.
CLASSIFICATION OF TRADEMARKS:
Different goods and services have been classified by the International (Nice) Classification of Goods & Services into 45 Trademark Classes (1 to 34 cover goods & 35 to 45 services) also known as the Geneva classification. Pakistan follows this system of Trademark Classification as it is also a signatory to this Trademark related Geneva Accord. The idea of this system is to specify & limit the extension of the intellectual property right by determining which goods or services are covered by the mark, & to unify classification systems around the world. Registration of Trademark in any member state of Geneva convention also gives priority registration rights to the trademark applicant.
TRADEMARK REGISTRY AND PROTECTION:
The Trade Marks Registry, working under the administrative control of Intellectual Property Organization of Pakistan. The main function of the Registry is to registration & protection of trademarks relating to both goods & services under the Trade Marks Ordinance 2001 and Trade Mark Rules 2004. The Registrar of Trade Marks hears and decides the cases relating to registration, post registration, opposition and rectification matters.
TRADEMARK REGISTRATION PROCESS:
- Filing of Trademark search Application.
- Filing of Trademark Application.
- Preliminary Examination by Registrar.
- Hearing of the applicant/lawyer against objections of Registrar.
- Final order for Publication in Trademark Journal of Pakistan.
- Printing in Trademarks Journal of Pakistan.
- Opposition Procedure. Hearings of Opposition and Decision.
- Issuance of Registration Certificate by Registrar of Trademarks.
- Renewal of the Trademark Registration.
REMEDIES OF MARK INFRINGEMENT:
Civil and criminal remedies are available in case of infringement of trademark rights. Infringement of a registered trademark shall be actionable by the proprietor of the trade mark by way of damages, injunctions, accounts or otherwise. If your mark is not registered you cannot file an action for infringement. An unregistered mark will have only a right of passing off. To exercise the right of passing off you have to establish with evidence that your mark is being used and which has a reputation and goodwill.
We as a law firm, deals cases before Mediation, Arbitration, Trial Courts, Appellate Tribunals, High Courts & Supreme Court. We also provide complete legal directions and pathways on the subject in accordance with applicable laws. We are also providing complete consultancy to Pakistan and overseas clients. Our lawyers are having exclusive expertise to register a public limited company in Pakistan and providing full support after registration a public limited.