TRADEMARK APPLICATION FILING IN
Pakistan

Pakistan is one of the large and rapidly growing economies, which has made it a hotspot for Intellectual Property Rights. All the Intellectual Property Rights and related concerns are managed by the Intellectual Property Organization of Pakistan (IPO-Pakistan). The Intellectual Property Organization of Pakistan was established in 2005 and is an autonomous institution tasked with managing Intellectual Property (IP) in Pakistan including copyrights, trademarks, patents, and other IP regulations, and advising the government on IP policy. Pakistan operates on a first-to-use basis when it comes to the registration of trademarks, and all the trademarks must comply with the Trademarks Ordinance 2001.

The trademark registration before the Intellectual Property Organization of Pakistan (IPO-Pakistan) can either be filed through the online portal or via offline mode.  

Multi-class applications are not allowed by the Intellectual Property Organization of Pakistan (IPO-Pakistan).

The requirements for filing a trademark application are as follows:

• Name, nationality, and address of the applicant;
• Mark representation (logo/device/word, etc.);
• Descriptions of goods and/or services;
• Power of Attorney *;

*POA is to be notarized and submitted;

• Certified priority document*;

*If priority is being claimed, a Certified Priority Document must be submitted within three months of filing.

The process of registering a trademark in Pakistan begins with the submission of the application before the Intellectual Property Organization of Pakistan (IPO-Pakistan).Upon the receipt of the application, an application number is issued to the applicant. Once the TM application is filed, the application undergoes a formal examination to ensure it meets all the required standards. Following this, the application is subjected to a substantive examination based on absolute grounds for refusal, where examiners assess the trademark's eligibility for registration. If any issues or discrepancies are identified during the evaluation, the IPO-Pakistan will issue a show-cause notice and provide a two-month time period to reply. Thereafter, the application will move forward and will be published in the Trademarks Journal of Pakistan initiating a two-month opposition period. During this time, third parties have the opportunity to raise objection/opposition to the application.

If no opposition is filed within said timeline, or if opposition is resolved in favour of the applicant, the trademark is officially registered, and a registration certificate is issued.

The opposition proceedings begins when an opponent files a notice of opposition. The applicant will receive the notice, and IPO-Pakistan will assess the admissibility. The applicant is required to file a counter-statement within two months. Thereafter, the parties would be called to submit their evidence, and based upon the submission, a hearing will be scheduled. The IPO-Pakistan will then make a decision on whether to accept or reject the application.

A trademark registration in Pakistan is valid for a period of ten years. The trademark must be renewed before the end of twelve months of the current term to maintain protection for an additional ten years.

However, if the renewal is not submitted on time, it can still be processed within four months after the expiration date with surcharge.

A registered trademark must be actively used within five years of its registration. If the trademark is not used continuously during this period, it may be subject to cancellation following a request from a third party.

Typically, the trademark registration process in the Pakistan takes eighteen to twenty-four months in straightforward cases.

According to statistics from the World Intellectual Property Organisation, Pakistan has acquired the 29th position in trademark filings globally in 2023. Additionally, it holds the 11th position in Asia and 3rd place in Southern Central Asia. Also, an increase of 14% has been observed in the trademark filings of Pakistan. Additionally, the residential and abroad trademark filings of Pakistan have also increased by 13.2% and 43.3%, respectively. Other powerful nations like the UAE, China, and the USA also invest and register their trademarks in Pakistan. Furthermore, around 264,930 trademarks were in force in Pakistan in 2023.