Trademarks: Introduction


 
Functions
 Steps for Registration
 Chart of the Department
 Trademarks Registry
 Current Engagements
 Staff Position 

1: Functions:

Trade Marks Registry is working under the administrative control of Intellectual Property Organisation of Pakistan. The main function of the Registry is to grant protection of trade marks relating to both goods and services through registration under the Trade Marks Ordinance 2001 and Trade Mark Rules 2004. The Trade Marks Registry works like a Civil Court. The Registrar of Trade Marks hears and decides the cases relating to registration, post registration, opposition and rectification matters.

2: Steps for Registration:

  1. Search before filing of Application.
  2. Filing of Application.
  3. Preliminary Examination.
  4. Final order for Publication.
  5. Printing in Trademarks Journal.
  6. Opposition Procedure.
  7. Issuance of Registration Certificate.
  8. Renewal of the Registration.
  9. Post Registration matters.
  10. Rectification Procedure.

3: Chart of the Department:

Hierarchical Chart

Registrar is BPS-19 officer appointed under provisions of Trade Mark Act 1940 by Federal Government. who works as Head of the Departments and also as a tribunal equivalent to District Court. Deputy Registrar BPS-18 officer is also tribunal of the same status

4: Trademarks Registry - A Service Oriented Organisation:

As a service oriented department, the major objective of the Trade Marks Registry is to facilitate the general public and trade marks owner/applicant in trade mark registration. A help desk is separately working along with the reception where every one can get briefing/guidance on registration procedure and information related to any of the function of Trade Marks Registry. All the officers including Registrar of Trade Marks are easily accessible during the official working hours for any query or advice. Trade Marks Agents/Advocates have also been provided with a separate waiting room. A library with all related law books is available to the lawyers and the trade mark officials. The staff is provided with relevant training from time to time to update them on trade mark matters to achieve the best results.

5: Current Engagements:

  • Computerization - Software Development:

    In order to modernize the working of the department an automation plan has been charted out. Implementation of the plan is being done phase by phase. In the first phase the database of the trade marks has been created and Index, Search, Examination, Journal and Registration departments have been fully automated.
  • Registratioon of Geographical Indications:

    Globally Geographical Indications can be legally protected as Collective Marks, Certification Marks or under a Stand-alone Geographical Indications Law. Presently the Trade Marks Ordinance, 2001 provides for the registration of Geographical Indications under the ambit of Collective as well as Certification Marks. However, in order to further strengthen the legal base of protection of National Geographical Indications, consultations are under way with the respective stakeholders both from public and private sectors. IPO-Pakistan have also been seeking valuable advice for experts of the World Intellectual Property organization and other friendly countries. In this regard an international workshop, WIPO National Workshop on Geographical Indications,” was organized by IPO-Pakistan with the assistance of the EU and WIPO in July 2006. 
  • International of Trademarks:

    To facilitate international registration of Trade Marks of Pakistani exporters in the destination countries as well as registration of foreign Trade Marks in Pakistan, an International Workshop, “WIPO National Workshop on Trade Marks and the Madrid System,” was organized in December 2006 with the assistance of EU and WIPO. Speakers, local as well as foreign, shed light on the needs and requirement of international registration of trade mark under Madrid Agreement/Protocol.

  • Seminars and Workshops:

    In its first year IPO-Pakistan arranged 3 training workshops, 2 high-level Roundtables and 1 conference on IP Judiciary with the assistance of WIPO, EU and the USPTO. Apart from organizing these events, IPO-Pakistan has also lend assistance to various organizations in arranging seminars, workshops, conferences, training sessions etc relating to Intellectual Property.

6: Staff Position:

Designations
BPS
Number of Sanctioned Posts
Vacant
Registrar   BPS-19 1 --
Deputy Registrar   BPS-18 2 2
Assistant Registrar         BPS-17 4 4
Administrative Officer    BPS-16 1 --
Examiners BPS-16 12 --
Stenographer BPS-15 2 --
Superintendent  BPS-14 1 --
Stenotypist BPS-12 2 --
Assistant Examiner BPS-11 6 --
U.D.Cs. BPS-7 12 --
L.D.C.s.   BPS-5 20 --
Driver. BPS-4 1 --
Record Sorter and Duftary  BPS-2 5 --
Naib Qasid, Farash and Chowkidar  BPS-1 16 --
   
85
6

7: Procedure for Registration:
  1. It is advisable that a search may be made of the Trademarks Register to ensure whether there are any similar or identical marks on the Register. Search request can be filed on Form TM-55 with a Pay Order / Bank Draft of Rs. 500 for search of one mark in one class only.
  2. After the search of the Register, application is made on Form TM-1/TM-2 for one mark in one class with pay order / Bank Draft of Rs.1000/-
  3. Acknowledgement Receipt by the Trade Mark Registry is issued to the applicant within 10-15 days.
  4. Examination Report is generated after 3 months. If there are any objections on the applied trademark, they are communicated to the applicant immediately in the form of Show Cause Notice. The applicant is required to submit a reply within two months of the issue of Show Cause Notice.
  5. If there are no objections application is published in the Trade Mark Journal. If no oppositions are filed to the published application within two months of the publication date of the relevant Trademark Journal, the application stands accepted, and s Demand Notice is then issued to the applicant requesting him/her to submit registration fee so that the registration Certificate may be issued.
  6. On the receipt of the Registration fee, the Registration Certificate is issued.


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