How to Register a Trademark in Pakistan

What Is a Trademark and How Can You Register It in Pakistan?

Imagine walking into a coffee shop and seeing a mermaid with a crown on your cup. You don’t need to read the name to know you’re holding a Starbucks coffee. Or picture a half-eaten apple on the back of a laptop. You instantly recognize it as an Apple product. Now, think about the swoosh on a pair of sneakers. You don’t need words to know those shoes are from Nike.

These are all trademarks: powerful symbols that connect a product to a company in your mind.

But what exactly is a trademark, and why does it matter?

A trademark is a word, logo, symbol, or even a combination of these that distinguishes a brand’s products or services from others. It acts as a badge of origin that lets people know where something comes from. Think of it as a brand’s signature in the marketplace.

It’s not just about logos and names, though. Slogans like McDonald’s “I’m Lovin’ It” or packaging like the shape of a Coca-Cola bottle can also be trademarks. Even unique colors and sounds—like the MGM lion’s roar—can be trademarked.

Why Is a Trademark Important?

Trademarks serve two important purposes. First, they help businesses protect their identity. How would you feel if you spend years and years building a brand, only to have someone else come along and start using a name or logo that looks just like yours. Without a trademark, it would be much harder to stop them.

Second, they help consumers make informed choices. When you see a familiar logo, you expect a certain level of quality and experience. You know that a soft drink with the Pepsi logo will taste a certain way, whereas one with a different name might not be the same.

Now, you’ve probably seen different trademark symbols: ™, ®, and SM. But what do they mean? The ™ symbol means a business is claiming a trademark, even if it’s not officially registered. The ® symbol, on the other hand, is reserved for trademarks that have been officially registered with a government agency. The SM symbol is used for service marks, which apply to services instead of physical products.

So, how do you get a trademark?

It’s not as simple as adding a symbol next to your brand name. In most countries, you need to apply through a trademark office in order to prove that your mark is unique and represents your brand. The process can take months or even years, depending on the country and any challenges from other businesses. Once approved, your trademark gives you exclusive rights to use that mark in connection with your products or services. If someone else tries to use it without permission, you have the legal backing to stop them.

But trademarks aren’t forever. They need to be renewed periodically, and they only stay valid as long as they are actively used in commerce. That’s why some brands go to great lengths to protect their trademarks. Google, for example, has fought to keep “Google” from becoming a generic term for searching the internet. If a trademark becomes too widely used as a common word, it can lose its legal protection.

At the end of the day, a trademark isn’t just a legal formality. It shields your brand, strengthens recognition, and builds trust with customers. No matter if you’re at the helm of a global corporation or running a small business, having a trademark helps people recognize and remember you. Bear in mind that in the business world, standing out from the crowd isn’t just nice; it’s necessary.

Copyright vs Trademark vs Patent

If you've created something new, whether it's a product, a brand, or a piece of art, you’ll want to protect it. But the question is: which type of protection do you need? People often mix up trademarks, patents, and copyrights because they all deal with intellectual property.

You already know what a trademark is. Let’s now break down the other two, so that you understand how each one works.

Patents

If you’ve invented something new, a patent is what you need. It grants exclusive rights to make, sell, or use your invention for a limited time, usually 20 years. Unlike trademarks, patents don’t last forever. Once they expire, anyone can use the idea freely.

Let’s say you develop a unique type of solar panel that absorbs more energy than any other on the market. A patent would stop others from copying your technology. However, a patent won’t protect the name of your product; that’s where a trademark comes in.

Patents aren’t given out for just anything. The invention must be new, useful, and not obvious to others in the same field. If someone tries to patent an idea that’s already well known, it won’t get approved. For example, you can’t patent a general concept like “a chair with four legs” because that’s been around forever. But if you invent a chair that adjusts automatically to a person’s posture in a way that’s never been done before, that might qualify for a patent.

Copyright

If you’re an artist, writer, musician, or filmmaker, copyright is what protects your work. It covers books, songs, movies, paintings, and even computer software. Copyright doesn’t stop someone from coming up with a similar idea, but it does prevent them from reproducing and distributing your exact work.

Perhaps you write a novel about a detective solving crimes in a futuristic city. Nobody will dare copy your exact story, characters, and wording, if you have copyright protection. However, it doesn’t stop someone else from writing a detective story set in the future. That’s because copyright only protects how an idea is expressed, not the idea itself.

Copyright protection happens automatically when you create something original. You don’t need to register it, but doing so makes it easier to prove ownership if someone tries to steal your work.

How They Differ (With Real-World Examples)

Sometimes, one creation can be protected by more than one type of intellectual property law. Let’s look at some examples:

• A Proptech AI Startup: If you offer AI solutions in real estate, you can obtain a patent for the unique functionality and technical processes behind the algorithm in order to protect it from being copied by competitors. You can also secure copyright for the source code, documentation, and any written materials or visual content related to the software. However, if you do not establish a specific brand identity, logo, or product name associated with the algorithm itself, there would be no need for a trademark. This is because trademarks primarily protect brand names, logos, and slogans, which are not always relevant in cases where the focus is on technical innovation rather than brand recognition.
  

• A Mother & Baby Accessories Shop: Your specialty might be eco-friendly baby essentials, which is why you registered a trademark for your shop’s name. If you offer a biodegradable, hypoallergenic baby wipe dispenser that keeps wipes fresh without plastic packaging, you might file a patent for it. Your original product packaging, instructional guides, marketing collateral can all be protected by copyright, since it's a form of written work.

• A Publishing House: You can obtain copyright for the literary works, illustrations, and other creative materials you publish, to make sure no one can copy or distribute them without permission. Your can also register a trademark for your brand name, logo, and any unique series titles to protect your identity in the market. But since books and magazines are not inventions or new technical processes, you would not be eligible for a patent, as patents only apply to novel inventions, industrial processes, or technological advancements.
  

• A Famous Painting: The artwork itself is protected by copyright, which prevents unauthorized copies. However, you can’t trademark or patent the painting itself. If the artist’s signature style is widely recognized, they might register it as a trademark, but that’s more common in industries like fashion and branding.

• A Pharmaceutical Research Company: If you're developing a new drug formula, you can acquire a patent and copyright but may not necessarily need a trademark in the early stages. You can grant yourself exclusive rights to the unique chemical composition of the drug and its manufacturing process through a patent, so as to prevent others from producing the same formulation for a specified period. Additionally, you can claim copyright for original research papers, lab reports, marketing materials, and even proprietary software used for drug simulations. However, at the research phase, the drug may not yet have a brand name, meaning there is nothing to trademark. A trademark would only become relevant once you decide to commercialize the drug and assign it a specific name, such as "Tylenol®."
  

How to Register a Trademark in Pakistan

Registering a trademark in Pakistan might seem complicated, but it’s actually a straightforward process that helps protect your brand.

Whether you're launching a new business or looking to secure your brand name, registering a trademark gives you exclusive rights and prevents others from using a similar name or logo.

Here’s how you can do it.

Step 1: Checking for Similar Trademarks (Optional but Recommended)

Before you apply, it’s a good idea to check if your desired trademark is already taken. The Intellectual Property Organization (IPO) of Pakistan has a search facility that helps you see if similar trademarks are registered.

You can request this search by submitting Form TM-55 along with two copies of your trademark on strong paper. There is a fee of Rs. 1000, which must be paid via pay order or bank draft to the Director General IPO. If you’re in a hurry, a personal search facility is available at the Trademark Registry in Karachi, as well as at IPO offices in Islamabad and Lahore. This costs Rs. 300 for a 15-minute session.

Step 2: Filing the Trademark Application

Once you’ve checked for similar trademarks, you can proceed with the application.

1. Fill out Form TM-1 – This is the official form for registering a trademark. You’ll need to submit it in duplicate along with six additional copies of your trademark, each affixed on durable paper measuring 13x8 inches.

2. Choose a Class – Trademarks are categorized based on the type of goods or services they represent. You must file a separate application for each class. You can refer to Schedule IV of the Trade Marks Rules, 2004, to determine the right classification for your business.

3. Provide Business Details – Your application must include your full name, nationality, and business address. If you are registering on behalf of a company or partnership, the names of all partners should be included.

4. Describe Your Trademark – If your trademark is in color, you should specify which colors are included. If no colors are mentioned, the mark can be used in any color.

5. Sign the Application – The form must be signed by the applicant or an authorized representative:

   • For individuals: The applicant must sign.

   • For partnerships: The managing partner should sign.

   • For companies: The managing director or director must sign.

6. Authorize an Agent (If Required) – If you’re filing through an attorney, a power of attorney (Form TM-48) must be included with your application.

7. Submit the Fee – The application fee is Rs. 3000 per class, payable via pay order or bank draft to the Director General IPO-Pakistan.

Step 3: Processing and Approval

After you submit your application, the following steps take place:

• Acknowledgment Receipt – You’ll receive a receipt and trademark number within 10-15 days.

• Examination Report – After three months, the IPO will review your application. If there are any objections, you’ll receive a Show Cause Notice, and you must respond within two months.

• Publication in the Trademark Journal – If no objections are raised, your application will be published in the Trade Marks Journal. This allows the public to raise any concerns.

• Final Approval and Registration – If no one opposes your application within two months, you will receive a Demand Notice to submit Form TM-11 along with a registration fee of Rs. 9000. Once this is processed, you’ll receive your official Registration Certificate.

Final Thoughts

Once your trademark is registered, you have exclusive rights to use it in Pakistan. This legal protection helps safeguard your brand identity and prevents unauthorized use by competitors. If you’re serious about building a strong business presence, trademark registration is a smart move.

Following these steps makes the process easier, and if needed, you can always consult a legal expert to guide you through the paperwork.