AMLAW provides services in: Trade Mark Registration in Pakistan, Brand Name Registration in Pakistan, Logo Registration in Pakistan, Registration of Pharmaceutical Brands in Pakistan, Trademark Search in Pakistan, Trademark Litigation Services in Pakistan, Trademark Monitor Service in Pakistan, Trademark Passing Off cases in Pakistan, Textile and Textile goods in Pakistan, Drafting Trademark License and Franchise Agreements.

1. www.amlaw.pk
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2. www.amlaw.pk
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Disclaimer: This site and any information contained herein is
intended for informational purposes only and should not be
construed as legal advice.
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3. www.amlaw.pk
Q. What is the law that regulates trademarks in
Pakistan?
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A. In Pakistan, registration and protection of trademarks
is regulated under the Trademarks Ordinance, 2001
and it extends to whole of Pakistan.
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4. www.amlaw.pk
Q. What is Trademark?
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A. A Trademark is a mark used for the purposes of
differentiating goods or services of one business from
the goods or services of others. Any unique
words, letters, numerals, drawings, pictures, shapes, co
lours, logotypes, labels or combinations used to
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distinguish goods or services may be considered as
trademark.
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Q. What is the difference between trade name and
trade mark? www.amlaw.pk
A. Trade name is the full name of your business, such as:
“Syed Bhais (Pvt.) Limited” and it identifies your
company or firm. A trademark, however, is the sign
that distinguishes the product of your company. A
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company may have various trademarks. For instance
Syed Bhais Private Limited sells its products under the
trademark “Syed Bhais” and logo “SB”.
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Q. My company’s name is Syed Bhais (Pvt.) Limited
incorporated with Securities & Exchange Commission of
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Pakistan, is the company’s name will automatically be
protected as a trademark?
A. No, by registering your business and its trade name
with the Securities & Exchange Commission of
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Pakistan your company’s name will not be protected as
a trademark. A trade name is the full name of your
business i.e. “Syed Bhais Private Limited” and it
identifies your company. A trademark is the sign that
distinguishes the product of your company.
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Q. What is meant by Coined word?
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A. Coined words are invented words, the words which do
not have any meaning and have advantage of
protection easily. As in the name of “Syed Bhais” which
is a renowned brand name, coined word is “Bhais”
which is an invented word and do not have any
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meaning.
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8. www.amlaw.pk
Q. Who is authorized to apply for trademark
registration? www.amlaw.pk
A. Any person who intends to use a trademark can apply
for registration. It can be individual, firm, company or
organization.
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Q. Is it compulsory to register a company’s trademark?
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A. It is not mandatory but highly advisable.
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Q. What is a trademark/brand name search? Is it
necessary to conduct search before applying for
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registration?
A. It is not necessary but advisable, to make sure that the
trademark you intend to use or a similar one is not
already registered by anyone.
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11. www.amlaw.pk
Q. For how long registered trademark is protected or
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what is the duration of registration?
A. From filing of the date trademark is registered for ten
years, which can be renewed after every ten years.
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Q. What are service marks?
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A. Service mark is a name given to trademarks registered to distinguish
the services of an enterprise from those of others. According to
Trademarks Ordinance 2001, service means, service of any description
which is made available to users or potential user and includes the
provision for services in connection with business of any industrial or
commercial nature, and without limitation, includes banking.
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Retailing communication including telecommunication, education,
law, financing, insurance, chit funds, real estate, transport, storage,
material treatment, processing, supply of goods including electrical or
other energy, boarding, lodging, entertainment, amusement,
construction, repair, conveying of news or information and advertising.
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Q. What are collective marks?
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A. According to section 82(1) of the Trademark
Ordinance, 2001 a collective mark shall be a mark
distinguishing the goods or services of members of the
association which is the proprietor of the mark from
those of other undertakings. www.amlaw.pk
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Q. What are certification marks?
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A. According to Trademark Ordinance, 2001, a
certification mark shall be a mark indicating that the
goods or services in connection with which it is used
are certified by the proprietor of the mark in respect of
origin, mode of manufacture of goods or performance
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of services, quality, accuracy or other characteristics.
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Q. Are advertising slogans can be registered as
trademark?
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A. Yes, advertising slogans can be registered as
trademark.
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Q. Can I license my trademark to other enterprises?
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A. Yes, trademarks can be licensed. In such case you will
retain ownership and agrees to the use of the
trademark by one or more enterprises.
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17. www.amlaw.pk
Q. Can I sell trademark of my company to another
company? www.amlaw.pk
A. Yes, trademark can be sold independently from the
business; a registered trademark is a personal property.
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18. www.amlaw.pk
Q. If an individual or business enterprise portrays their
trademark is registered while in reality it is not, is this
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an offense?
A. Yes, this is an offense.
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Q. What is the penalty for applying false trade
description? www.amlaw.pk
A. He will be punished with imprisonment of either
description for a term which shall not be less than
three months but which may extend to two years, or
with fine which shall not be less than fifty thousand
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rupees, or with both and on subsequent conviction
penalty will be enhanced.
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20. www.amlaw.pk
Q. For my business should I start using the mark after
filing or must I wait for registration to use the
trademark? www.amlaw.pk
A. You can start using a mark irrespective of filing or
registration.
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Q. For many years I am using a mark for my
business, still trademark registration is necessary?
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A. In case of dispute prior use is generally sufficient for
claiming rights over a given trademark, however,
trademark registration will provide legal certainty on
exclusive rights to the use of a trademark. It is highly
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advisable to register a trademark.
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22. www.amlaw.pk
Q. What is trademark infringement?
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A. A person shall infringe a registered a registered
trademark if such person uses in the course of trade a
mark which is identical with the trademark in relation
to goods or services which are identical with those for
which it is registered. www.amlaw.pk
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23. www.amlaw.pk
Q. When a trademark is not infringed?
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A. A person shall not infringe a registered trademark
when used in good faith. Where registration of a
trademark is subject to disclaimer, a person shall not
infringe the trademark by using disclaimed part of the
trademark. www.amlaw.pk
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24. www.amlaw.pk
Q. What action is available in case of infringement of
trademark? www.amlaw.pk
A. 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 www.amlaw.pk
damages, injunctions, accounts or otherwise shall be
available to the proprietor of the trademark as is
available in respect of the infringement of any
property right.
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25. www.amlaw.pk
Q. In case of importation of infringing goods, material
or articles what remedies are available?
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A. Infringing goods, material or articles may be treated
as prohibited, the proprietor of the registered trade
mark may give notice in writing to the collector of
Customs that he is the proprietor of the registered
trade mark, that infringing www.amlaw.pk
goods, material, article, bear false indications as to
their source or the identity of their manufacture are
expected to arrive in Pakistan from outside Pakistan
and that they are subject to the control of the customs
authorities under the Customs Act, 1969 (IV of 1969):
and he request s the Collector of Customs to treat such
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goods as prohibited.
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26. www.amlaw.pk
Q. I am using trademark since long but not registered
are there any rights for unregistered mark?
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A. 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
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is being used and which has a reputation and goodwill.
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27. www.amlaw.pk
Q. I am not using trademark can it be cancelled on non-
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use?
A. Yes, it can be cancelled on non-use.
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28. www.amlaw.pk
Q. Whether foreign proprietors, business
establishments can apply for registration of their
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trademark in Pakistan?
A. Yes, they can apply for registration in Pakistan.
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29. www.amlaw.pk
Q. To which International Trademark Treaties, Pakistan
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is a signatory?
A. Pakistan is signatory to Paris Convention for the
Protection of Industrial Property and Agreement on
Trade Related Aspects of Intellectual Property Rights
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(TRIPS).
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30. www.amlaw.pk
AMLAW Services in Pakistan
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 Trademark Registration in  Trademark Litigation
Pakistan Services in Pakistan
 Brand Name Registration  Trademark Monitor
in Pakistan Service in Pakistan
 Logo Registration in  Trademark Passing Off
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Pakistan cases in Pakistan
 Registration of  Textile and Textile goods in
Pharmaceutical Brands in Pakistan
Pakistan  Drafting Trademark
 Trademark Search in License and Franchise
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Pakistan Agreements
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Need Legal Advice in Pakistan?
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 Call us now @ +92.314.419-1234
 Email us @ info@amlaw.pk
 Visit our website: http://www.amlaw.pk/
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