Introduction to Trademarks
Trademarks have evolved as the most important source of information for the end users of products and services. Millions of trademarks, logos, designs, or shapes are being registered and used in the world. Each trademark shows a different sign that indicates the source of origin and gives an identity to the product or service of the concern. Almost all the products are being marketed successfully throughout the world due to their trademarks being shown in front of the customer in the form of logos, signs, or words. It has been accepted that trademarks attract customers and play an important role in promoting the salability of goods. This goodwill is created through continuous advertising and investment. Only a trademark can tell us about a very good product and trust in a brand.
A trademark generally refers to a “brand” or “logo.” Trademarks are divided into 27 classes, of which 1 to 34 are for products and 35 to 45 are meant for services. However, in the context of intellectual property rights, it refers to the sign that is used in relation to the goods or services of a particular business, which can distinguish the goods or services of one business from those of another. Trademarks are used to identify the goods and services of businesses. Trademarks are one aspect of the broader system of official identification through the use of symbols, which has been developed in the course of increasingly complex exchanges between buyers and sellers of goods. A service mark serves the same purpose as a trademark but is used in the sale or advertising of services. A collective mark identifies goods or services of members of an association. In the larger economic community, the importance of trademarks is growing day by day. With the rapid advancement of information technology and communication, the world is considered a global village. All these advances are considered to be affected by trademarks.
Save your time!
We can take care of your essay
- Proper editing and formatting
- Free revision, title page, and bibliography
- Flexible prices and money-back guarantee
Legal Framework for Trademarks in Pakistan
The legal framework for the registration and protection of trademarks in Pakistan is as follows: the Trade Marks Ordinance, 2001; the Trade Marks (Amendment) Rules, 2016; the First Schedule; the Second Schedule; and the Third Schedule of the Trade Marks (Amendment) Rules, 2016. The registration of a trademark in Pakistan falls under the jurisdiction of the Intellectual Property Organization of Pakistan, commonly known as IPO-Pakistan. Following the law, the IPO comprises a Seal, the Federal Government, the Trade Marks Registry, and the Copyright Office; above it is a Federal Secretary as the controlling authority responsible to the Federal Government, and under him is the Registrar of Copyrights, who is also the Principal Officer.
The application for the registration of a trademark for services is submitted either to the Office of the Trade Marks Registry in Karachi or to the Office of the Trade Marks Registry in Islamabad. The applicant is required to submit a copy of the trade/service mark along with its name, description, and other necessary fees as given in the official fee schedule, available in a form organized by the government. Due to the weak and lenient trademark laws in Pakistan, it is rare for anyone to register their trademark compared to international, stronger laws for trademarks. This creates an environment in which everyone can use the same trademark, which not only endangers the business of original manufacturers but also discourages new innovation. Furthermore, such an environment leads to the discouragement of local businesses by not providing them with the benefits of their innovation in the market.
Legal Framework for Trademarks Internationally
The prime goal of every trademark law, either local or international, is to register and protect the marks to distinguish goods and services from one business to another. Moreover, the other important goal of trademark law is to help right holders in enforcing their rights in local as well as in international jurisdictions, and often this could be made by including a legal framework of the law that provides the right of the registered mark owner to enforce their infringement claim.
Having said international treaties and agreements, it is equally critical to analyze their national laws, which are solely based on historical background, the domestic legal system in Pakistan, the legal framework for trademarks in Pakistan since Partition, branches of intellectual property in Pakistan and internationally, and enforcement of trademarks in Pakistan and abroad, as well as on trademark registration and protection.
Harmonization among these systems is variously driven by the need to facilitate international trade, reduce trade barriers, enhance multilateral cooperation, and reduce transnational conflicts. One method of striving to achieve these goals is the negotiation of treaties and agreements which, in turn, should result in the drafting and implementation of similar legislation in each member state. The overall process and the international instruments are considered — albeit briefly — in this series both as a normative tool to educate and to encourage action by states, where necessary, to bring their law into line with international law. The impact on the acts of the respective jurisdictions is indicated either by reference to the treaties and agreements incorporated into national law or by the structure and content of the law itself.
The treaties and agreements regulate such basic issues as the standards, requirements, and procedures for the registration of a trademark and the content of the application. They also address issues such as the scale and scope of exclusion, e.g., whether and to what extent signs other than traditional trademarks may be registered. Another issue is the relationship between trademarks and other intellectual property rights, particularly patents and copyrights. Other doctrines apply to the exploitation of trademark rights and unfair trade practices that could undermine the purpose of a trademark. Some theoretical issues that require consideration during the examination of each jurisdiction are: the definitions of trademark provisions, the criteria to be satisfied prior to registration, the content and enforcement of rights, specialized courts, parallel importation, and addresses. While registration and protection of trademarks can be achieved in foreign jurisdictions at the national, federal, or state level, many international organizations have spent efforts to encourage and thereafter consolidate international harmonization of trademark laws.
Registration and Eligibility Process
To register a trademark in Pakistan, a search is conducted beforehand in order to avoid conflict with existing prior trademarks already registered in Pakistan. A trademark application in Pakistan can be filed with the Trademarks Registry in under two working days in case of the issue of ordinary representation of the mark. After filing, the application is examined by the trademarks officer in due course of time, subject to the acceptance of the examiner's objections, if any. In addition to filing the application directly at the Trademark Office, an application can also be filed electronically. In all jurisdictions, the renewal of a trademark’s registration is conducted timely to remain protected. The register of trademarks is open to the public to check the availability of the trademark with the help of any legal professional in Pakistan, being a lawyer or trademark agent. Globally, the average time for granting a registration is approximately 10-12 months.
Similarly to Pakistan, trademark applications in Bangladesh, Myanmar, and Afghanistan are filed at the respective registry office and are examined subsequently by the trademarks examiner for accepting or issuing objections in response to any of these applications if applicable in the given case. Similarly, trademark applications for the UK and the European Union are filed online, and no applications are filed directly to the examiners personally. In the United States, a response is given within 6-8 months of filing a trademark application. Likewise, failure to file for a timely renewal within the prescribed time period often results in the loss of trademark rights. In India and the EU, watch services are also provided in the respective countries for monitoring any potential infringements of a registered trademark. All the aforesaid official trademark offices do not provide legal help to any potential local or foreign applicant unless you consult a trademark agent or a practicing legal professional. Non-Pakistani or foreign applicants or foreign businesses having no local presence in Pakistan can still obtain legal assistance by hiring the services of an attorney at law or lawyer in the territorial domain of Pakistan, having the desired capability to protect your trademark rights in Pakistan. Similarly, it is advisable to seek legal assistance from a practicing lawyer or attorney in Canada for obtaining a trademark registration in Canada as well. The foreign entity or foreign individual must hire a professional trademark agent to get protected in a respective territorial domain in a foreign country where the applicant or business has no local premises in that given foreign country. It is therefore advisable to seek legal assistance from a licensed and practicing trademark agent before doing so. A trademark application from any foreign agent can be filed directly without having the presence of the applicant in the given foreign country. An applicant's name and address are stated in the trademark application, while an authorization of the agent on a prescribed stamp paper is required for filing the trademark application to an overseas intellectual property organization or official trademark office. A trademark application can be filed directly to the respective trademark office in such a case, the license process being optional. In a foreign country, it is also advisable to do a pre-filing search of a trademark prior to filing an application. In contrast to Pakistan, in the majority of the above countries, applicants are not required to apply for copies of printed journals or official journals or to closely monitor the trademark register for potential conflicts and copying of their proposed marks. In Myanmar, published trademarks are placed for about two months in the respected journal, which is to be checked timely on a regular basis.
Enforcement and Protection of Trademarks
Pakistan
There are a number of methods available for the enforcement of a company’s trademark rights in Pakistan. The Trademark Ordinance 2001 allows registered trademarks to be infringed on a civil level, with a complainant being able to seek damages and various court orders. A registered trademark can also be infringed under criminal law, which would involve taking the infringer to court to request that a fine and/or jail time be imposed. The customs in Pakistan are responsible for preventing the illegal trade of counterfeit goods at the border. The customs can stop imported goods if the trademark registration owner requests, the application does not require ad interim court orders, and no caution money is required. Under the Copyright Ordinance 1962, a copyright proprietor has a similar recourse against unauthorized users of his works.
Internationally
In many jurisdictions, the holder of a trademark may initiate legal proceedings to prevent the infringement of a trademark. Trademark violation may be an undefined term from the legal perspective. However, it is generally recognized in a company environment as piracy, trademark counterfeiting, and unauthorized use of a company’s registered trademark. Strikes against trademark counterfeiting operations could not keep up with the rapid spread of counterfeiters all over the world unless strategies are taken on national and multinational levels. There is a need for treaties to establish international initiatives, enforcement actions to curb or control piracy and counterfeiting, and for the public to understand and respect the laws in the production, distribution, sale, and import of authentic trademarks. Counterfeiting has become the most important fight all over the world. Counterfeited products demand great profits with very small initial costs and risks, compared with drugs or arms trading, which require participation in criminal activities with great risks and initial costs. Successful cases involving counterfeiting show that infringements are taken very seriously by judges. Public awareness plays a big role.
Stuck on your essay?
