Your brand name is often your most valuable asset before you have much revenue. A registered trademark gives you a legal basis to stop others using a confusingly similar name or logo for the same kind of goods or services. This guide explains how trademarks work in Pakistan, the registration steps with IPO-Pakistan, and what to check before you spend money on packaging, signage or ads.
This is general information, not legal or tax advice.
What a trademark protects, and what it does not
A trademark is a sign that identifies your goods or services: a word, a logo, or both. In Pakistan, trademarks are governed by the Trade Marks Ordinance, 2001 and the Trade Marks Rules, 2004. The Trade Marks Registry operates under the Intellectual Property Organization of Pakistan (IPO-Pakistan).
Founders often confuse three other things with a trademark:
- Company name approval at SECP. SECP checks that your company name is not identical or similar to an existing company or LLP. That is a check against the companies register. It does not register a trademark.
- Domain names and social media handles. Owning a domain or a handle does not give you trademark rights.
- Copyright. Copyright covers creative works, such as the artwork of a logo or the text of a website. A trademark covers the use of a sign in trade. They can overlap, but they are separate systems.
Classes: register for what you actually sell
Trademarks are registered for specific goods or services, grouped into international classes. Under Rule 13 of the Trade Marks Rules, 2004, every application covers goods or services in one class only. If you need protection in several classes, you file separate applications.
Hypothetical example: a Lahore startup sells a budgeting app and plans to launch branded merchandise later. The app and the merchandise fall into different classes. The founders file first for the class that covers their core product, and budget a second application for merchandise once sales justify it.
Describe your goods and services precisely. A vague or very broad description can attract objections or leave gaps in your protection.
Step 1: Search before you commit
Search for existing marks before you file, and ideally before you print anything. IPO-Pakistan’s description of the process starts with a search, provided for in Rule 87 of the Trade Marks Rules. Look for:
- Identical names in your class.
- Similar spellings or sounds, such as names that differ by one letter, or that sound alike in Urdu and English.
- Similar logos built around the same main word or image.
Also check SECP company names, app stores, online marketplaces and social media. A conflict there may not block your trademark, but it can still lead to disputes and confuse customers.
Choose a mark that is easier to protect
- Invented or unusual words are usually easier to protect than descriptive ones.
- Descriptive names, such as “Fast Delivery Karachi” for a courier, are hard to protect because competitors also need those words.
- Common surnames, place names and generic terms are weaker starting points.
Step 2: File the application
Applications go to the Trade Marks Registry. IPO-Pakistan’s 2016 presentation to WIPO describes the main registry in Karachi, a branch office in Lahore and an application receiving desk at the IPO office in Islamabad. Check IPO-Pakistan’s website, ipo.gov.pk, for current filing options, forms and fees. Fees change, so confirm them on the official fee page before you file.
An application typically includes:
- The applicant’s name and address. Use the company’s details if you have incorporated.
- A clear representation of the mark.
- The class and a statement of the goods or services.
- Agent details, if a trademark agent or lawyer files for you.
- The fee.
File in the name of the entity that will own the brand. If a founder files personally and later leaves, the company may have to negotiate to get its own brand back.
Step 3: Examination, publication and opposition
IPO-Pakistan’s presentation sets out these stages:
- Examination. The Registry checks formal requirements and searches for earlier marks. You can respond to objections or amend the application.
- Acceptance and publication. An accepted mark is published in the Trade Marks Journal.
- Opposition. Others can object to your mark. Under Rule 30 of the Trade Marks Rules, 2004, a notice of opposition is due within two months of the advertisement, and the Registrar may allow a further period of up to two months in total.
- Registration. If no opposition succeeds, the Registry issues a registration certificate.
The process can take a long time, so start early. You can use your brand while the application is pending, but you carry the risk that it is refused or opposed.
Step 4: Renew and enforce
According to IPO-Pakistan’s presentation, protection under the 2001 Ordinance lasts 10 years from the filing date and can be renewed for further 10-year periods. Rule 51 allows you to file for renewal within the six months before the registration expires. Put that date in your calendar the day the certificate arrives.
Use the TM symbol to show that you claim a mark. Use the ® symbol only after your mark is registered, and only for the goods or services it covers.
Watch the Trade Marks Journal and the market for copycats. If someone uses a similar mark, take advice before you send a demand letter.
Protecting your brand abroad
Pakistan is part of the Madrid System for the international registration of marks. According to WIPO, the Madrid Protocol entered into force for Pakistan on 24 May 2021. Through it, a Pakistani brand owner can file one international application and pay one set of fees to seek protection in other member territories. If you plan to sell abroad, ask your agent whether a Madrid filing based on your Pakistani application makes sense.
Checklist
- Shortlist two or three brand names, favouring distinctive ones.
- Search trademark records, SECP company names, app stores and social media for each.
- Identify the class or classes that cover what you sell now.
- File in the company’s name, one application per class.
- Respond to examination letters within the time given.
- Watch for publication in the Trade Marks Journal and the opposition window.
- Diary the renewal date.
- Budget for foreign filings if you plan to export.
Sources and further reading
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