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TerraLex Cross-Border Guide to Cross-Border Trademark Guide
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Pakistan Cross-Border Trademark Guide Guide
- Firms:
- Majeed & Partners
- Authors:
- Saqib Majeed
- Date posted:
- 13/10/2022
- Last update:
- 21/07/2025
Generalities
1.1. Simple effective use in commerce?
Yes.
1.2. Registration?
Yes.
1.3. Cautionary notice?
No.
1.4. Intensive use (notoriety)?
Yes.
1.5. Public recognition?
Yes.
1.6. Well-known character?
Yes.
1.7. Other (if yes, please specify)?
Yes; intensive use (notoriety), public recognition and well- known character all afford registered trademarks an enhanced degree of protection. Use of an unregistered trademark (intensive or otherwise) affords some level of protection, by giving the owner of the unregistered trademark the right to sue under the common law principle of passing off as well as the right to oppose the registration of a trademark in certain circumstances. However, registration of a trademark is the most robust and certain form of protection.
Registrable types of mark
See below
2.1. Individual mark?
Yes.
2.2. Collective mark?
Yes.
2.3. Certification mark?
Yes.
2.4. Well-known mark?
Yes.
2.5. Other (if yes, please specify)?
No.
Registrable forms of mark
See below
3.1. Word mark?
Yes.
3.2. Figurative mark with word elements?
Yes.
3.3. Figurative mark?
Yes.
3.4. Shape mark?
Yes.
3.5. Shape mark with word elements?
Yes.
3.6. Position mark?
No.
3.7. Pattern mark?
No.
3.8. Color (single) mark?
No.
3.9. Color (combination) mark?
No.
3.10. Sound mark?
No.
3.11. Motion mark?
No.
3.12. Multimedia mark?
No.
3.13. Hologram mark?
No.
3.14. Other (if yes, please specify)?
Yes; from a legal viewpoint, non-conventional marks (including position marks, pattern marks, color marks, sound marks, motion marks, multimedia marks, and hologram marks) can be registered in Pakistan. However, at present, there are no official guidelines, criteria, or standards on graphical representation in the case of non-conventional marks. Therefore, an applicant will likely face resistance from the trademark registry during the registration process of a non-conventional mark.
Possibility of claiming a foreign priority
Yes.
4.1. If yes, what is the time limit (months from date of…)?
Within 6 months from the date of the first application made in a country that is a party to the Paris Convention.
Classification of goods and services
See below
5.1. Nice classification adopted (if yes, indicate applicable version)?
Yes.
5.2. Local subclass system?
No.
Possible claims against new application
See below
6.1. Opposition proceedings implemented in trademark law?
Yes.
6.1.1. If yes, is the basis for opposition a prior registered trademark?
Yes.
6.1.2. If yes, is the basis for opposition a prior pending trademark application?
Yes.
6.1.3. If yes, is the basis for opposition a non-registered trademark in use?
Yes.
6.1.4. If yes, is the basis for opposition a non-registered notorious/famous mark?
Yes.
6.1.5. If yes, is the basis for opposition a prior company name/trade name?
Yes.
6.1.6. If yes, is the basis for opposition absolute grounds?
Yes.
6.1.7. Other (if yes, please specify)?
Yes. - That the applicant does not intend to use, authorize the use of, or assign the trademark for use in Pakistan in relation to goods, services, or both specified in the application.
- That the applicant is not the proprietor of the trademark.
- That the Registrar accepted the application for registration based on evidence or representations that were false in material particulars.
- That the trademark contains or consists of a mark that is a geographical indication for goods originating in a country or region, other than the country or region in which the relevant goods originated.
Observations from third parties? (If yes, indicate the basis for such observations.)
Yes.
7.1. Prior registered mark?
Yes.
7.2. Prior pending trademark application?
Yes.
7.3. Prior non-registered trademark in use?
Yes.
7.4. Prior non-registered notorious/famous mark?
Yes.
7.5. Prior company/trade name?
No.
7.6. Absolute grounds?
Yes.
7.7. Other (if yes, please specify)?
Yes. - That the applicant does not intend to use, authorize the use of, or assign the trademark for use in Pakistan in relation to goods, services, or both specified in the application.
- That the applicant is not the proprietor of the trademark.
- That the Registrar accepted the application for registration based on evidence or representations that were false in material particulars.
- That the trademark contains or consists of a mark that is a geographical indication for goods originating in a country or region, other than the country or region in which the relevant goods originated.
Mandatory formalities preliminary to filing application?
No.
8.1. Similarity search
No.
8.1.1. If yes, what is the time frame (weeks/months) and approximate cost?
N/A
8.2. Others?
No.
8.2.1. If yes, what is the time frame (weeks/months) and approximate cost?
N/A
Specification of goods and services
Class system
See below
9.1. Single class system?
Yes.
9.2. Multiclass system?
No.
9.2.1. Separate applications for goods and services mandatory?
Yes.
Possible restrictions on goods/services (e.g. alcoholic beverages, retail services, etc. not allowed, or only class headings eligible, etc.)
No.
10.1. If yes, please specify.
N/A
Special claims/regulations
Yes.
11.1. Claim of previous use possible?
Yes.
11.1.1. If yes, is proof required (affidavit, use specimens, etc.)?
Yes.
11.1.2. If yes, through which kinds of proceedings can the proof of use be requested (opposition, cancelation, renewal proceedings, etc.)?
To claim prior use, the proof of use in the form of an affidavit and other relevant evidence should be submitted along with the trademark registration application. Proof of use may also be requested in opposition, cancellation, and renewal proceedings.
11.2. Disclaimer
Yes.
11.3. Previous registration in country of origin required
No.
11.4. Changes in the mark appearance during the application proceedings possible
Yes.
11.5. Restrictions regarding trademark owner (e.g. trademark protection not eligible for owner from particular countries).
No.
11.5.1. If yes, please specify.
N/A
11.6. Is there any legal term from which the trademark must be used in order to avoid a possible cancellation?
Yes.
11.6.1. If yes, please specify.
The registration of a trademark may be revoked on the ground that it has not been put to bona fide use in Pakistan within five years from the date of registration and there are no proper reasons for its non-use. Similarly, the registration may also be revoked if the bona fide use of the registered trademark has been suspended for an uninterrupted period of five years and there are no proper reasons for its non-use.
11.7. Other (if yes, please specify)
Yes; changes in the mark appearance during the application proceedings are possible. However, the changes should not substantially affect the identity of the mark.
Filing documents required (please indicate whether notarization, apostille, legalization, and/or scanned copies are permitted)
See below
12.1. Power of attorney
Yes.
12.2. Evidence of pre-registration in country of origin
Yes.
12.3. Priority documents (if priority claimed)
Yes.
12.4. Other (if yes, please specify)
No.
Late filing of documents
See below
13.1. Is late filing of documents permitted?
Yes.
13.1.1. If yes, please indicate the time limit (days/months from....).
Two months of receipt of the deficiency notice from the Registrar.
13.2. Official late filing fee due?
No.
Means for representation of the mark (for instance JPEG with XY pixels)
See below
14.1. Figurative mark with word elements
JPEG with maximum 500 KB file size
14.2. Figurative mark
JPEG with maximum 500 KB file size
14.3. Shape mark
JPEG with maximum 500 KB file size
14.4. Shape mark with word elements
JPEG with maximum 500 KB file size
14.5. Position mark
N/A
14.6. Pattern mark
N/A
14.7. Color (single) mark
N/A
14.8. Color (combination) mark
N/A
14.9. Sound mark
N/A
14.10. Motion mark
N/A
14.11. Multimedia mark
N/A
14.12. Hologram mark
N/A
Local legal representatives for foreign applicants
See below
15.1. Are local legal representatives mandatory for foreign applicants?
Yes.
15.2. Possibility of having representatives domiciled in another country?
No.
15.2.1. If yes, please specify the countries.
N/A
Examination
See below
16.1. Is there formal examination?
Yes.
16.1.1. If yes, does the formal examination take place prior to the publication of the application?
Yes, the formal examination takes place before the publication of the application.
16.2. Is there examination on absolute grounds?
Yes.
16.3. Is there examination on relative grounds?
Yes.
16.4. Can relative grounds be objected by the Trademark Office or only by the prior rights' owners?
Yes.
16.5. Are letters of consent admissible to overcome ex-officio citations of prior marks?
Yes.
16.5.1. If yes, is notarization or legalization required?
Yes, notarization is required.
16.6. Is there an examination timeframe if no official objections are raised?
No.
Publication
See be;pw
17.1. Publication before registration?
Yes.
17.2. Publication after registration?
No.
17.3. Publication in trademark Gazette?
Yes.
17.4. Publication in local newspapers?
No.
17.5. Official publication fee due?
No.
Registration
See below
18.1. Certificate of Registration in paper form?
Yes.
18.2. Certificate of Registration in electronic form?
Yes.
18.3. Term of protection of the mark? Please include term details
Yes.
18.3.1. As from priority date?
Yes.
18.3.2. As from filing date?
Yes.
18.3.3. As from registration date?
Yes.
18.3.4. As from actual registration date?
No.
18.3.5. As from date of issuance of Certificate of Registration?
No.
18.3.6. Other (if yes, please specify)
Yes; the filing date is deemed as the registration date.
18.4. End of grace period of use? Please include term details
Yes.
18.4.1. As from official registration date?
Yes.
18.4.2. As from actual registration date?
No.
18.4.3. As from end of opposition deadline?
No.
18.4.4. As from conclusion of opposition proceedings (if any)?
No.
18.4.5. Other (if yes, please specify)
Yes; the filing date is deemed as the official registration date.
18.5. How long can we expect a decision on the application by BPTO?
In case there are no objections (from the Registrar) or oppositions (from third parties), the trademark may be registered between 15 to 18 months from the date of filing of the registration application.
Official fees due at the time
See below
19.1. Filing
Yes.
19.2. Publication
No.
19.3. Registration
Yes.
19.4. Other (if yes, please specify)
Yes; additional fees will be payable when: - Filing an application in additional classes.
- Initiating opposition or cancellation proceedings.
- Making amendments to the trademark registration.
- Transferring a trademark registration.
- Renewing or restoring a trademark registration.
- Undertaking other procedural steps.
19.5. Link to the official website of the Trademark Office where the fees are accessible and updated.
Renewal
Documents required (please indicate whether notarization, apostille, legalization, and/or scanned copies are permitted)
See below
20.1. Power of attorney
Yes.
20.2. Original registration certificate
No.
20.3. Affidavit of use
Yes.
20.4. Evidence of use
Yes.
20.5. Others (if yes, please specify)
Yes; except at the time of first renewal, the affidavit and the evidence of use of the trademark in Pakistan must be submitted along with the renewal application.
Is the late filing of documents admissible? If yes, please indicate the time limit.
Yes.
21.1. Official late filing fee due?
Yes.
Is there a renewal grace period provided for by law? If yes, please indicate the timing.
Yes; the trademark registration may be restored within six months from the date of removal of the trademark from the Register due to non-payment of the renewal fee.
Special maintenance requirements
See below
23.1. First declaration of use?
No.
23.2. Time to file?
No.
23.3. Extensions permitted?
No.
23.3.1. If yes, please indicate the number allowed (as the maximum accepted)
N/A
23.4. Documents required (affidavit/declaration, notarized/legalized, evidence of use, subject to official fees)?
No.
23.5. Second declaration of use? If other, please specify.
No.
23.6. Time to file?
No.
23.7. Extensions permitted?
No.
23.7.1. If yes, please indicate the number allowed (as the maximum accepted).
N/A
23.8. Documents required (affidavit/declaration, notarized/legalized, evidence of use, subject to official fees)?
No.
Recording of changes/limitation
See below
24.1 Limitations of lists of goods/services?
Yes.
24.1.1. Possible at any stage or only after registration?
Yes.
24.1.2. Official fees due?
Yes.
24.2. Change in name or address of owner?
Yes.
24.2.1. Possible at any stage or only after registration?
Yes.
24.2.2. Documents required (original or scanned)?
Yes; a prescribed application form must be filed with the Registrar.
24.2.3. Official fees due?
Yes.
24.3. Change in ownership?
Yes.
24.3.1. Possible at any stage or only after registration?
Yes.
24.3.2. Documents required (original or scanned)?
Yes; a prescribed application form along with copies of the relevant documents must be filed with the Registrar.
24.3.3. Official fees due?
Yes.
24.4. Change of representative?
Yes.
24.4.1. Possible at any stage or only after registration?
Yes.
24.4.2. Documents required (original or scanned)?
Yes; a prescribed application form along with the original notarized and legalized power of attorney must be filed with the Registrar.
24.4.3. Official fees due?
Yes.
Link to the official website of the Trademark Office where the official fees are accessible and updated.
Disclaimer: This guide contains summaries of general principles of law. It is not a substitute for specific legal advice and should not be relied upon in relation to the application of the law or subject matter covered.