Trademarks: Introduction

Trade Marks Registry:

Trade Marks Registry (TMR) is premier body of Intellectual Property Organisation of Pakistan (IPO-Pakistan) working for the registration of trade and services marks under the Trade Marks Ordinance, 2001. It is a federal government body and its jurisdiction for trade and services marks lies within the geographical boundary of Pakistan. It works as a civil court and its decisions are appealable at the provincial high courts. The Trade Marks Registry is headed by a Registrar and its office is located in Karachi.

Functions:

With the promulgation of Trade Marks Ordinance, 2001, the Trade Marks Registry has acquired a new role of creating mass awareness about the importance of Intellectual Property Rights. In addition to its traditional role of registering trade marks, it has started persuading entrepreneurs to seek protection of their trade and services marks so that they could establish their business on fair practices. In this connection, a separate help line with efficient officials has been maintained at the office of TMR. TMR has also maintained library with relevant books.

Data Digitization Section (Index Section)

After receiving applications for the registration of trade and service marks, this section converts the information of the application into a digitalize form and issues an acknowledgement. It also carries out minor typographical rectifications with the consent of the applicant.

 

1. Examination Sections (Eight)

Owing to a huge number of applications received, this section is divided into eight sub-sections. Each sub-section has been allocated specified number of classes of goods and services for examination. These sub-sections examine trade and service marks application in the light of Trade Marks Ordinance, 2001. Any contravention found in the application is conveyed to the applicant with the request to make it compliant with the Ordinance. The subsequent amendment in the application is made through TM-16 with specified amount of fee. If the application does not contravene the Ordinance, it is accepted by the Registrar and is sent to the Journal section.

 

2. Journal Section

The TMR has maintained this section for the publication of its monthly magazine, Trade Marks Journal. Accepted applications are published by the section in the Journal. The Section advertises all accepted applications in the Trade Mark Journal for public awareness as well as to invite opposition, by aggrieved parties before the final registration of a mark.

 

3. Opposition Section

Opposition Section deals with oppositions filed against a trade mark published in its Journal. A time period of two months is given for the receipt of opposition to a mark, if any. The oppositions are received in a prescribed TM-5 form with a specified fee. In face of no opposition, the mark is recommended for registration.

 

4. Registration Section

After the acceptance of mark for registration, this section informs the applicant/representative to submit a prescribed fee to get the registration certificate. After fee a registration certificate is issued for 10 years duration. If the applicant fails to submit the fee, a reminder is given to do the same. However if the registration fee is not submitted, the application is considered as abandoned by the Registrar Trade Marks Registry.

 

5. Post Registration Section

After the registration of a mark, all subsequent changes, amendments, transactions and related matters are looked after by the Post Registration Section.

 

6. Renewal Section

A registered trade marks is valid for a time period of 10 years. Afterwards, it need to be renewed for another 10 years. This section looks after the matters of renewal of marks.  After receiving a prescribed fee on TM-12, Renewal Section issues a Renewal Certificate for another 10 years time period.

 

7. Record Section

To maintain a thorough inventory and the safe record of files the trade marks registry has maintained a record section.

 

8. Legal Section

This section handles all the Legal matters due in the court including appeals vis-à-vis the decision of the Registrar Trade Marks Registry.

 

9. Administration/ HR / Accounts Section.

The internal matters of the trade marks registry including human resource management, office infrastructure and office accounts are looked after by this section.

 

10. IT Section

Automation, IT support, and maintenance of IT infrastructure of Trade Marks Registry are taken care of by this section.

 

 

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