Professional Documents
Culture Documents
Concepts
Razi Ahsan
Advocate High Court & Tax Consultant
Usage
Unfair Competition
Good will
. a) Intellectual property (IP) is a category of property that includes intangible
creations of the human intellect There are many types of intellectual
property, and some countries recognize more than others.
b) The most well-known types are copyrights, patents, trademarks, and trade
secrets
c) The main purpose of intellectual property law is to encourage the creation
of a wide variety of intellectual goods. To achieve this, the law gives people
and businesses property rights to the information and intellectual goods
they create, usually for a limited period of time.
d) This gives economic incentive for their creation, because it allows people to
profit from the information and intellectual goods they create. These
economic incentives are expected to stimulate innovation and contribute
to the technological progress of countries, which depends on the extent of
protection granted to innovators.
Intellectual Property Rights (IPR)
Intellectual Property is Intangible Wealth it’s the result of human Intellect e.g.
WhatsApp and Google etc.
Can be copied easily but that may discourage the inventors and copying that will
cause monitory loss
Intellectual Property Rights are Legal/ Commercial Rights it includes Patterned
(Inventions, discoveries), Trademarks (Design, Symbols eg Mercedes), Copyrights
(Artistic work, Words, Phrases), Geographical Indicators (Swiss watch)
Patterned: Exclusive Rights to Inventions, Products, Processes That provides new ways of doing things or Offer new
Technology solution to Problem solving. Generally Patterned are protected for 20 Years and enforced through Courts
Trademark: a type of intellectual property consisting of a recognizable sign, design, or expression which identifies
products or services of a particular source
Copyright: The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect
the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject
to limitations based on public interest considerations, such as the fair use doctrine
Geographical Indication (GI) is a name or sign used on products which corresponds to a specific geographical location or
origin (e.g., a town, region, or country). The use of a geographical indication, as an indication of the product's source, acts
as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a good
reputation due to its geographical origin.
.
Intellectual Property Rights (IPR)
Under Article 27 of The Universal Declaration Of Human Rights :
(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts
and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from any
scientific, literary or artistic production of which he is the author.
First Time IPR Need was felt, Convention in Berne was held in 1883 which was completed in 1886 in Paris.
These Treaties were monitored by World Intellectual Property Organization (WIPO)
WIPO is one of the 15 specialized agencies of the United Nations. WIPO was created to promote and
protect intellectual property (IP) across the world by cooperating with countries as well as international
organizations to promote countries socially, economically and culturally.
WIPO’s Headquartered is in Geneva, Switzerland it has “External Offices" around the world
World Intellectual Property Day is observed Annually on 26 April. The event was established by
the World Intellectual Property Organization (WIPO) in 2000 to raise awareness of
how patents, copyright, trademarks and designs impact on daily life and to celebrate creativity, and the
contribution made by creators and innovators to the development of societies across the globe
Intellectual Property - Over View
S.No Type Description/ Example
13 Sections relating to infringement of Trade, Property and Other Marks in the Pakistan Penal Code 1860
14 The Press, Newspapers, News Agencies and Book Registration Ordinance 2002
15 The Press, Newspapers, News Agencies and Book Registration Rules 2009
17 The Pakistan Names and Emblems (Prevention of Unauthorized Use) Act 1957
18 The Pakistan Names and Emblems (Prevention of Unauthorized Use) Rules 1962
19 The Federal Supervision of Curricula, Text-book and Maintenance of Standards of Education Act 1976
22 The Rules and Orders of the Lahore High Court [Relevant Chapters]
TM-01 On application, not otherwise charged to register a trademark for a specification of goods or services included 3,000
in one class (section 22).
TM-02 On application to register a trade mark for a specification of goods or services included in one class from 3,000
convention country under section 25
TM-03 On application under section 82, read with first schedule to the ordinance, to register a collective mark for a 3,000
specification of goods or services included in one class
TM-04 On application under section 83, read with second schedule to the ordinance, to register a certification 3,000
trademark for a specification of goods or services included in one class
TM-05 9,000
On notice of opposition under section 28 (2), for each application opposed
On a counter-statement in answer to a notice of opposition under section 28(4) for each application opposed or
TM-06 in answer to all application under any of section 73, 80 and 96 in respect of each trademark; or in answer to a 1,500
notice of opposition under secti
TM-07 On notice of intention to attend hearing under any of sections 28, 37, 73, 80, 96 and 97 by each party to the 600
proceeding concerned
TM-08 On notice of opposition to application for registration of collective mark or certification trademark under the 9,000
first schedule (section 82) and the second schedule (section 83)
On a counter-statement in answer to as notice of opposition under the first schedule (section 82) and the
TM-09 second schedule (section 83) for registration of collective mark or certification trademark. Registration of a 1,500
collective/certification trademark
TM-10 Notice of intention to attend hearing of an opposition to an application for registration of a collective mark or a 600
certification trademark (Rule 40 & 43)
Trademark Forms
TM-11 For one registration of a trademark not otherwise charged, in respect of an application for a specification of goods or 9,000
services including series of trademarks, collective mark, certification mark and textile mark, including in one class
TM-12 For renewal under section 35 of the registration of a trademark at the expiration of the last registration, not otherwise 15,000
charge including renewal of series of trademarks, collective mark, certification marks and textile mark.
TM-13 3,000
On request for restoration under section 35(6) of a trade mark removed from the register
TM-14 900
On application under section 32(4) to divide pending trade mark application
TM-15 1,500
On a request under section 27(6) to state grounds of decision
TM-16 600
On request not otherwise charged, for correction of clerical error or for permission to amend application. Section 27(7)
TM-17 900
On application for certificate of the Registrar under section 69(3).
TM-19 900
On the application for approval of the Registrar, section 69(3).
TM-20 On the application under section 69(2) for directions of the Registrar for advertisement of assignment of trademarks in use, 600
without goodwill.
TM-21 On the application for extension of time for applying for directions under section 69(2) for advertisement of assignment of 600
trademark in use without goodwill, in respect of one devolution of title.
Trademark Forms
TM-22 On application under paragraph 12 of the second schedule to the ordinance for consent of the Registrar to the assignment 600
or transmission of a certification trademark
TM-23 On the application under section 70(2)(a) to register a subsequent proprietor in a case of assignment or transmission of a 6,000
single trade mark.
On the application under section 70(2)(a) to register a subsequent proprietor of more than one trade mark registered in
TM-24 the same name, the devolution of title being the same in each case. If made within six month from the date of acquisition 6,000
of proprietor
TM-25 On application under section 72(4) for extension of time for registering a company as subsequent proprietor of trademark 600
on one assignment.
TM-26 2,250
On application under any of section 73, 80 and 96 for recertification of the register of trade mark from the register
TM-27 On application under rule 69 for leave to intervene in proceeding Under any of sections, 73, 80 and 96 for rectification of 1,500
the register or removal of trade mark from the register
TM-28 3,000
Application for registration of registered licensee.
TM-29 1,500
On application under section 70(4) (a) and rule 64 to vary the entry of a registered licensee.
TM-30 1,500
On application under section 70(4) (b) and rule 65(1) for cancellation of the entry of a registered licensee.
TM-31 1,500
On application under section 70(4) and rule 65(1) to cancel the entry of a registered licensee.
Trademark Forms
TM-32 For every additional mark of the same proprietor for which the same registered licensee is registered, included in the 300
application
TM-33 On application under section 96(4) to change the name or description of a proprietor or registered user where there has 1,500
been no change in the proprietorship or in the identity of the registered licensee.
TM-34 On application under section 96(4) to alter one or more entries of the trade or business address of a registered proprietor 600
or a registered licensee of a trade mark where the address in each case is the same and is altered in the same way.
TM-35 600
Application by registered proprietor of trade mark for the cancellation of entry thereof in the register (Section 38)
TM-37 Request by registered proprietor of a trade mark that a disclaimer or memorandum relating thereto may be 600
registered.[rule 34(f) and 34(9)]
TM-38 3,000
On application under section 37 for leave to add to or alter a registered trademark.
TM-39 On notice of opposition under section 37(2) to an application for leave to add to or alter registered trade mark for each 1,500
application opposed
TM-40 450
On application under section 97(2) for conversion of specification
TM-41 On notice of opposition under section 97(5) to a conversion of the specification or specifications of registered trademark or 1,500
registered trade mark
TM-42 On application under paragraph 10 of the First Schedule and paragraph II of the Second Schedule to the Ordinance, and 900
rules 40 and 46 alteration of the deposited regulations of a collective mark or a certification trademark.
Trademark Forms
TM-45 1,500
Request for information about applications and registered marks. (Section 109)
TM-46 1,500
On request for certificate of the Registrar under any of section 11 and 12(2) other than certificate under section 33(1).
TM-46 900
On request to enter in the Register and advertise a certificate of validity, under rule 112 and rule 86.
TM-48 To be stamped under the stamped Act, 1899. From of authorized of agent in a matter or proceeding under the ordinance
(Section 127, Rule 10).
TM-49 Paragraph 5 first schedule, paragraph 6 of Second schedule, Rule 39(1) & 43(1) (To be accompanied by a Triplicate of the
draft regulation and in the case of a textile mark to be accompanied by two duplicates of the draft regulation).
On application by registered proprietor or a registered licensee of a trademark or a person about to be so registered, to
TM-50
enter, alter or substitute an address for service as part of his registration. (Section 126, rules 9 and 70).
TM-51 On application under section 82 and the First Schedule to the ordinance to register a collective mark for a specification of
goods or services in any one class from a convention country under section 25.
TM-52 On application under section 83 and the Second Schedule to the ordinance to register a certification trademark for a 3,000
specification of goods or services in any one class from a convention country under section 25
Trademark Forms
On application to register a textile mark, other than a collective mark or a certification trade mark, consisting of numerals
TM-53 or letters or any combination thereof in one class for specification of goods or services included in one item of the Fifth 3,000
Sched
On application to register a textile mark (other than collective or a certification mark), consisting exclusively numeral or
TM-54 letters or any combination thereof in one item on the Fifth Schedule to the ordinance under rule 12 from convention 3,000
country under
TM-55 1,000
On request for search under rule 87 In respect of each class.
TM-56 1,500
On application for extension of time under any of the rule 80.
TM-57 On application for restoration of a trademark abandoned for non-compliance of the requirement of the registry [See 1,500
section 33(5) and 26(3)].
57 TMA-1
On application for registration as a trademark agent under rule 119.
58 TMA-2
On application for restoration of the name of a person to the register of trademark agents under rule 124
59 TMA-3 600
On application for an alteration of any entry in the register of trade mark agent under rule 125
Trademark Forms
60 1,500
On petitions (not otherwise charged) for review of Registrar's order or for obtaining Registrar's
order on any interlocutory matter in a contested proceeding.
61 For inspecting Register or copies thereof of notice of opposition, counter statement or decision 300
in connection with any application rectification of the Register relating to any particular
trademark,
62 For permission to search amongst the classified representations of trade marks, for each 300
quarter of an hour
63
For office copy of documents.[60/- for every hundred words subject to minimum Rs. 300/-]
64
For photographic copy of documents [Cost according to agreement]
Trademark Classes (1 To 45 )
Classification Summary - Trademarks: Classification of Goods and Services
Class Goods
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed
1 plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning
substances; adhesives used in industry.
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and
2
powder form for painters, decorators, printers and artists.
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils,
3
cosmetics, hair lotions; dentifrices.
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks
4
for lighting.
Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies;
5
plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and
6 wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other
classes; ores.
Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles);
7
agricultural implements other than hand-operated; incubators for eggs.
8 Hand tools and implements (hand-operated); cutlery; side arms; razors.
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching
apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity;
9
apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and
mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
Classification Summary - Trademarks: Classification of Goods and Services
Class Goods
10 Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.
11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological
14
and chronometric instruments.
15 Musical instruments.
Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery;
16 adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and
teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks.
Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in
17
manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.
Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags;
18
umbrellas, parasols and walking sticks; whips, harness and saddlery.
Classification Summary - Trademarks: Classification of Goods and Services
Class Goods
19 Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-
20
pearl, meerschaum and substitutes for all these materials, or of plastics.
Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making
21 materials; articles for cleaning purposes; steel wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not
included in other classes.
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw
22
fibrous textile materials.
24 Textiles and textile goods, not included in other classes; bed and table covers.
26 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).
28 Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
Classification Summary - Trademarks: Classification of Goods and Services
Class Goods
Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk
29
products; edible oils and fats.
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices;
30
honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.
Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds,
31
natural plants and flowers; foodstuffs for animals, malt.
Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making
32
beverages.
38 Telecommunications.
40 Treatment of materials.
Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of
42
computer hardware and software.
44 Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
Legal services; security services for the protection of property and individuals, personal and social services rendered by others to meet the needs of
45
individuals.
Trade Mark Ordinance
&
Rules
Trade Mark Ordinance 2001
The Trade Marks Ordinance, 2001 is the codified law dealing with law related to
registration of Trade Marks related to goods and services within Pakistan and extends
to the whole of Pakistan. It prescribes the registrar, Trade Mark Registry and procedure
of registration of trade marks. The registration and its effect. Use of trade mark and
licenses. Offences, penalties and procedure. Under the powers given in Section 132 of
the Trade Mark Ordinance, 2001 the Trade Mark Rules, 2004 were made.
WHEREAS it is expedient to amend and consolidate the law relating to trade marks and
unfair competition and to provide for registration and better protection of trade marks
and for the prevention of the use of fraudulent marks. and for matters ancillary thereto
or connected therewith.
Trade Marks Ordinance 2001
Chapter I - Preliminary
Chapter II - Registrar Trade Marks Registry And Registration Of Trade Marks
Chapter III- Procedure For And Duration Of Registration
Chapter IV- Registration And Effect Thereof
Chapter - V Infringement Proceedings
Chapter VI Importation Of Infringing Goods, Material Or Articles
Chapter VII Unfair Competition And Comparative Advertisement
Chapter VIII Assignment And Transmission
Chapter IX Use Of Trade Marks And Licensees
Chapter X The Paris Convention
Chapter XI Special Provisions For Textile Goods
Chapter XII Rectification And Correction Of The Register
Chapter XIII Offences, Penalties And Procedure
Chapter XIV Miscellaneous And General Provisions
First Schedule : Collective Marks
Second Schedule : Certification Marks
Third Schedule : Domain Names
Fourth Schedule: Transitional Provisions
THE TRADE MARKS RULES, 2004
PART-1
Chapter I.– Preliminary
Chapter II.– Classification
Chapter III.– Application For Registration
Chapter IV.– Advertisement Of Application
Chapter V.– Notice Of Non-completion Of Registration
Chapter VI.– Registration
Chapter VII.– Collective Marks
Chapter VIII.– Certification Trade Marks
Chapter IX.– Divisional Application
Chapter X.– Renewal And Restoration
Chapter XI.–Assignment And Transmission
Chapter XII.– Re-classification Of Goods And Services In Respect Of Existing Registration
Chapter XIII.– Award Of Costs By Registrar
Chapter XIV.-Appeal To The High Court
Chapter XV.-Miscellaneous
THE TRADE MARKS RULES, 2004
PART II
Special Provision For Textile Marks Chapter I.-Miscellaneous
Chapter II.-Conditions And Restrictions For Registration Of Letters And Numerals
Chapter III.-Advisory Committee
PART III
Registration Of Trade Mark Agents
PART IV
Rules Relating To Branch Registry
PART V
Return Of Exhibits And Destruction Of Record
PART VI
Miscellaneous