Trade Mark in Pakistan: Ownership And Protection

A Pakistani trademark or trade name can be obtained by any natural or legal person, including public law institutions. Before filing, a representative of the rights holder will require a power of attorney. This, however, does not need to be notarized or legalized.
The Trademark Act also states that if a person applies to register a trademark in violation of third-party rights or a legal or contractual obligation, the aggrieved party may file a claim for trademark ownership with the Commercial Court before the registration date or within five years of the notice of registration’s publication or the time when the trademark is first used in Spain.
The Trademark Act provides trademark registration requirements. It specifies that a trademark is any indication capable of differentiating in the market the goods or services of one business from those of others, as well as being displayed in a way that allows authorities and the general public to identify the clear and exact object.
The Act also includes a list of indications that may be considered trademarks:

Figures, drawings, letters, and colors; the shape of items or their packaging; and sounds are all examples of words.
The following symbols are not eligible for trademark registration:

signs that are not registrable because they do not meet the requirements set forth in Article 4 of the Trademark Act; signs that lack distinctive character; signs that consist solely of signs or indications that are used in trade to designate the characteristics of the relevant goods or services; signs that consist solely of signs or indications that have become customary to designate the relevant goods or services in the current language, or in the bonafide language
Signs that are only made up of a form or another aspect derived from the nature of the products, which is required to achieve a technical outcome or adds significant value to the commodities;
Signs that are against the law, public policy, or accepted moral principles; signs that may deceive the public – for example, as to the nature, quality, or geographical origin of the relevant goods or services; s
Signs that are only made up of a form or another aspect derived from the nature of the products, which is required to achieve a technical outcome or adds significant value to the commodities;
Signs that are against the law, public policy, or accepted moral principles; signs that may deceive the public – for example, as to the nature, quality, or geographical origin of the relevant goods or services;
The following signs are not allowed to be trademarked:

signs that are identical to an earlier trademark and for which registration is sought for identical goods or services; and signs that are identical to an earlier trademark and for which registration is sought for identical goods or services.

When registration is requested for same or similar products or services, there is a potential of confusion among the public, including the likelihood of linkage with an earlier trademark.
The following items are considered “earlier trademarks”:

Pakistani registered trademarks, foreign trademarks that are effective in Pakistan, and Pakistani trademarks with a filing or priority date prior to the trademark application;

Pakistani trademarks that, under the Pakistani Trademark Regulation, have a valid claim to seniority over Pakistan registered trademarks or foreign trademarks that are operative in Pakistan, even if they have been relinquished or lapsed;

trademark applications that fit into one of the aforementioned categories, pending final registration;

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