Trademark & Service Mark Registration in Pakistan
Trademark and Service Mark registration protects your intellectual rights. Registration of your rights in Pakistan is a bit complicated job and for this you need to do a lot of paper work and need to visit Intellectual Property Organization of Pakistan. Frequent visits means corresponding increase in cost. 4SYTE Tax & Corporate Consultants can help you with registration of trademark and logo in Pakistan.
What is Trademark & Service Mark
A trademark protects a symbol, logo, phrase, term, design, or name that represents goods or services. A service mark, sometimes known as a servicemark, provides similar protection for services. If your company sells a product or a series of products, you must trademark the mark used to represent the company. Focus on the service mark if your organisation delivers a service.
The use of TM in your mark signifies a trademark, while SM represents a service mark. Neither is legally significant. The sole legal symbol is the registered symbol, which is represented by an encircled R.
What is Patent?
A patent is grant of special rights for an invention to make, use and sell the invention for a period of 20 years. The patent grant prohibits others from making, using, or selling the invention. Patent protection starts only after the actual grant of a patent.
Patent owner has the exclusive right to decide who may or may not use the patent invention during the period in which the invention is legally protected. The patent owner may give license to use the invention to other parties on mutually agreed terms. The owner has power to sell the right to the invention to someone else. Purchaser of such right will become the new owner of the patent. The protection terminates on expiry of patent and patent enters the public domain meaning thereby that owner does not hold exclusive right to the invention.
Copyright
Copyright is a legal instrument which grants the right to control how the work is used to the creator of a work of literature, art or a work that communicate ideas or information. The objective of copyright is to give economic benefit to the author or creator of work. This benefit acts as a source for the creator to create more work for the spread and progress of knowledge.
Copyright includes the following creative works:
- Literary works. It includes Books, Magazines, Journals, Lectures, Dramas, Novels, Computer programmes/ software and compilation of data etc.
- Artistic works. It includes paintings, photographs, drawings, charts, calligraphies, sculptures, architectural works, logos etc.
- Cinematographic works like audio-visual works, movies, documentaries etc. and
- Record works like musical works, sound recordings etc.
Registration of Trademark & Service Mark
To use the registered symbol, you must file an application with the Intellectual Property Organization of Pakistan (IPO). Before making an application, you should carefully research the registry’s existing service marks and trademarks. You can use the IPO website to conduct a search.
Trademarks Ordinance, 2001 and trademark rules 2004 govern the registration of trademark and service mark in Pakistan. Any such mark registered with this body is protected within the geographical boundaries of Pakistan.
Validity of a trademark registration is for ten years. Time count starts from the date of filing application in the Pakistan. The registration can be renewed for an unlimited number of successive ten years.
Benefits of using Trademark and Service Mark
Both trademark and service mark tell competitors of your intention to utilize the mark for your business. If a competitor is considering changing its logo, slogan, symbol, design, or word connected with the goods or services, seeing one of these symbols on your mark may lessen the likelihood of duplication.
However, the actual legal protection comes when you apply for a trademark or service mark. You will have no protection against trademark theft unless you do so.
Considerations While Filing Application for Trademark and Service Mark
You must consider the following points when filing application with IPO:-
- A trademark or service mark containing only characters should be presented in all capitals. Legal protection will be extended to characters in both lowercase and capital letters.
- A design, logo, or symbol in a trademark or service mark should be filed in the exact form that you intend to use. If you change the mark, you must re-apply for a new trademark or service mark.
- You might want to submit multiple applications at once. When you submit the design in colour, only that specific layout is protected by law.
- If you want to use the design in a different colour or in black and white, you must submit a separate application for each option.
Trademark & Service Mark: Common Mistakes
One mistake is not knowing which mark protects your business and its products or services the best. Even though it may not directly affect legal protection, it’s best to apply for a service mark for services and a trademark for goods and products.
Putting off getting a trademark or service mark is also risky, especially if you’re already using the mark in your business. You do have legal trademark rights, but you won’t be able to use it if someone else files for trademark protection or already has a trademark for something similar. When you file, the approval process starts quickly, and you’re less likely to lose the chance to file for a trademark in the future.
Steps for Registration of Copyright
4SYTE Tax & Biz Consultants provide valuable services for trademark & service mark registration in Pakistan in order to protect your intellectual property rights; so that others may not use your property or invention without your explicit permission.
We possess thorough knowledge and required experience in the field of service mark, patient, copyright and trademark registration in Pakistan. No matter where you want to register your trade /service mark or patient in Pakistan, we are just a call away to serve your business needs.
