HOW TO REGISTER A TRADEMARK IN PAKISTAN?

Understanding Trademarks

A trademark is a recognizable sign, symbol, word, phrase, logo, or combination thereof that identifies the source of goods or services. It helps consumers distinguish between different brands and assures them of consistent quality.

Why Trademark Registration Matters

• Provides legal protection against unauthorized use

• Builds brand identity and customer loyalty

• Enables licensing and franchising opportunities

• Adds intangible value to a business

• Assists in legal disputes and IP enforcement

• Essential for international trademark registration

Governing Law and Regulatory Body

• Trademarks Ordinance, 2001

• Trademarks Rules, 2004

• Administered by IPO Pakistan, under the Cabinet Division

• Registration is valid for 10 years, renewable indefinitely

Who Can Apply for a Trademark in Pakistan?

Trademark registration in Pakistan is open to:

• Individuals

• Sole proprietors

• Partnerships (AOPs)

• Companies (Pvt Ltd and Ltd)

• Foreign entities (through a local representative or agent)

What Can Be Registered as a Trademark?

Eligible marks include:

• Brand names and logos

• Words and slogans

• Letters and numerals

• Shapes and packaging designs

• Colors (if distinctive)

• Sounds (in rare cases)

What Cannot Be Registered

The IPO will reject trademarks that:

• Are deceptive, offensive, or scandalous

• Are too generic or descriptive

• Are similar or identical to existing trademarks

• Violate public order or morality

• Contain national flags or emblems

Step-by-Step Trademark Registration Process in Pakistan

Step 1: Trademark Search

Before applying, conduct a trademark search to check if a similar or identical mark already exists.

• Use IPO’s online search system or visit the Trademarks Registry

• A search is not mandatory but highly recommended

• Helps avoid objections, refusals, or legal disputes later

Step 2: Filing the Trademark Application (Form TM-1)

Submit an application using Form TM-1 for a single trademark in one class.

• Where to file:

  • Online via the IPO Pakistan e-filing portal

  • Manually at IPO regional offices in Karachi, Lahore, or Islamabad

• Required Details:

  • Applicant’s name and address

  • Representation of the mark (word/logo/image)

  • List of goods or services

  • Trademark class (based on Nice Classification)

  • Power of attorney if filed through an agent

Step 3: Acknowledgment and Application Number

Upon submission, the applicant receives:

• Acknowledgment receipt

• Application serial number for tracking

• Date of filing, which is crucial for priority rights

Step 4: Formal Examination by IPO

IPO Pakistan reviews the application to check:

• Completeness and clarity of documents

• Compliance with Trademarks Ordinance and Rules

• Eligibility of the mark for registration

Step 5: Substantive Examination

In-depth examination includes:

• Checking similarity with existing trademarks

• Assessing distinctiveness of the mark

• Issuing examination report if objections arise

• If objections are raised:

  • File a written reply within two months

  • Option to request a hearing with a Registrar

Step 6: Publication in the Trademarks Journal

If approved, the mark is published in the IPO Trademarks Journal for public inspection.

• Any third party can file an opposition within two months of publication

• If no opposition is filed or is resolved in favor of the applicant, the process continues

Step 7: Issuance of Registration Certificate (Form TM-11)

After completion of the opposition period or successful resolution:

• Submit Form TM-11 for issuance of the certificate

• Pay the registration fee

• IPO issues a Trademark Registration Certificate

Step 8: Renewal of Trademark (Form TM-12)

A registered trademark is valid for 10 years and renewable every 10 years.

• File Form TM-12 along with the fee before expiration

• Grace period: 6 months after expiry (with surcharge)

Trademark Classification System (Nice Classification)

Pakistan follows the Nice Classification (NCL), an international classification of goods and services.

• 45 classes in total

  • Classes 1-34 for goods

  • Classes 35-45 for services

• Each class requires a separate application and fee

Documents Required for Trademark Registration

• Duly filled Form TM-1

• Representation of the trademark (logo/design)

• Copy of CNIC (individuals) or incorporation certificate (companies)

• Power of attorney if using an agent

• Payment receipt for government fee

• Proof of business (optional but helpful)

Fee Structure for Trademark Registration (As of 2025)

• TM-1 (application): PKR 3,000 per class

• TM-11 (certificate issuance): PKR 9,000

• TM-12 (renewal): PKR 10,000 per class

• Late renewal (surcharge): PKR 2,000

Note: Additional professional or attorney fees may apply if using a consultant.

Online vs Manual Filing

• Online Filing:

  • Faster acknowledgment and tracking

  • Available 24/7

  • Reduced chances of data entry errors

• Manual Filing:

  • Requires physical submission at IPO offices

  • Slower processing

  • Suitable for applicants without internet access

Trademark Enforcement and Infringement

Registered trademarks give you the exclusive right to use the mark for specified goods/services. Enforcement includes:

• Legal action for infringement or misuse

• Cease-and-desist notices to violators

• Seeking injunctions and damages through civil courts

• Customs enforcement against counterfeit imports

Common Challenges in Trademark Registration

• Use of generic or common names

• Incomplete or inaccurate forms

• Similar existing trademarks

• Delay in responding to objections or oppositions

• Trademark squatting by third parties

Tips for a Successful Trademark Application

• Always perform a preliminary trademark search

• Ensure the mark is unique and distinctive

• Use legal or IP consultants for complex cases

• Monitor the IPO Journal for any published objections

• Renew on time to avoid lapse or loss of rights

How Tax and Accounting Firms Assist in Trademark Registration

While primarily focused on compliance and financial advisory, firms like Sterling.pk often provide:

• Business structuring with trademark protection in mind

• Liaison with IPO on behalf of clients

• Trademark search and documentation

• Advisory on brand valuation and trademark licensing

• Coordinated filing for trademark and tax registration together

Trademark Registration for Foreign Companies

Foreign entities can register their trademarks in Pakistan by:

• Appointing a local attorney or agent

• Filing through IPO Pakistan’s international section

• Claiming priority rights based on international applications under Paris Convention

Trademark vs. Company Name vs. Domain Name

• A Company Name is registered with SECP

• A Domain Name is registered online (e.g., .pk or .com)

• A Trademark protects the brand identity and must be registered with IPO

Registering all three ensures maximum protection of your brand identity in Pakistan.

Conclusion

Trademark registration is an essential step for businesses aiming to secure their identity and build long-term brand equity in Pakistan. With a clear understanding of IPO procedures, legal requirements, and proactive enforcement, companies can protect their intellectual property and establish a trusted presence in the market. Whether you’re a startup or an established enterprise, registering your trademark is a smart investment in your brand’s future.