A Trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and / or design that identifies and distinguishes the source of a service rather than goods.
Trade Marks Registry (TMR) is premier body of Intellectual Property Organization of Pakistan (IPO-Pakistan) working for the registration of trade and services marks under the Trademarks 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 Trademarks Registry is headed by a Registrar and its office is located in Karachi and also Regional Office situated in Lahore.
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 trademarks, 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, Karachi, Regional Office, Lahore and IPO-HQs, Islamabad.
1. Reception Desk
The reception desks are established in Trade Marks Registry, Karachi, Regional Office, Lahore and IPO-HQs, Islamabad. The applications and relevant documents are received and applications numbers issued on the spot.
2. Data Capture Section
After receiving applications for the registration of trademarks and service marks, this section converts the information of the application into a digitalize form and issues an acknowledgement receipt. It also carries out minor typographical rectifications on request of the applicant.
3. Examination Section
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.
4. Journal Section
The TMR has maintained this section for the publication of Trademarks Journal. The Section advertises all accepted applications in the Trademark Journal for public awareness as well as to invite opposition, by aggrieved parties before the final registration of a mark.
5. 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. These oppositions are decided by Registrar of Trademarks after hearing the both parties. In case, opponent satisfies the Registrar the trademark application will be abandoned otherwise it proceed for registration.
6. Registration Section
After publication of the mark if there is no opposition, the mark is recommended for registration. In case, opponent was failed to satisfy the Registrar. This section informs the applicant/representative to submit a prescribed fee to get the registration certificate. After receiving the 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.
7. Post Registration Section
After the registration of a mark, all subsequent changes i.e. (change of address, change of ownership) amendments, transactions and related matters are looked after by the Post Registration Section.
8. Renewal Section
A registered trademark is valid for a time period of 10 years. Afterwards, it needs to be renewed for another 10 years. This section looks after the matters of renewal of marks like intimating the applicant for renewal of application. After receiving a prescribed fee on TM-12, Renewal Section issues a Renewal Certificate for another 10 years time period.
9. Record Section
This Section maintains the physical record of files and issue files to different sections for processing the applicant’s request i.e. post Registration section, Renewal Section and Legal Section etc. and after completion of processing, the files returned back to Record Section.
10. Legal Section
This section handles all the Legal matters due in the court of Law including appeals vis-à-vis the decision of the Registrar Trademarks Registry.
11. 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.
12. IT Section
Automation, IT support, and maintenance of IT infrastructure of Trade Marks Registry, Karachi is taken care of by this section.