(Ph: +92 321 2770225) (Email: info@osmanilaw.com) (Web: www.osmanilaw.com)
Trade
Marks / Domain Names / Patents / Copyrights / Industrial Designs /
Integrated Circuits / Geographical Indications / Intellectual Property
Law in Pakistan & Worldwide
Intellectual Property includes as under:-
Trademarks
|
A trademark is a sign that individualizes the goods of a given enterprise and distinguishes them from the goods of others. It can be in the form of words, designs, letters, numerals or packaging, slogans, devices, symbols, etc. |
Patents
|
A patent is a grant from the Government, which confers on the grantee, for a limited term of 20 years, the following acts, namely (1) When patents has been granted in respect of a product. (2)When the patents has been granted in respect of a process. |
Industrial
Designs |
An industrial design is the ornamental or aesthetic aspect of an article, in other words, that part which makes the article attractive & appealing. It may consist of three-dimensional features, such as the shape or surface of an article or two-dimensional features, such as patterns, lines or colours. |
Integrated
Circuits |
Integrated circuit means a product, in its final form or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in and/or on a piece of material and which is intended to perform an electronic function. |
Copyrights
|
Copyright deals with the protection of literary and artistic works. These include writings, music, and works of the fine arts, such as paintings and sculptures, and technology-based works such as computer programs and electronic databases. |
Geographical
Indications |
Geographical Indication in relation to goods, means , an indication which identifies such goods, as originating or manufactured or produced in a territory of a qualifying country or a region or a locality of a qualifying country , where a given quality, reputation or other characteristic of such goods, is essentially attributable to its geographical origin. |
TRADEMARK REGISTRATION:
A trade
mark is a distinctive sign or indicator used by an individual, business
organization and any other legal entity to identify that the products
or services to consumers with which the trademark appears originate from
a unique source, and to distinguish its products or services from
those of other entities. The owner of a registered trademark may bring
legal proceedings for trademark infringement to prevent unauthorized use
of trademark. Therefore, trademark registration is an important step
towards safeguarding Brand name and style in Pakistan and the World at
large.
CLASSIFICATION OF TRADEMARKS:
Different
goods and services have been classified by the International (Nice)
Classification of Goods & Services into 45 Trademark Classes (1 to
34 cover goods & 35 to 45 services) also known as the Geneva
classification. Pakistan follows this system of Trademark Classification
as it is also a signatory to this Trademark related Geneva Accord.
The idea of this system is to specify & limit the extension of the
intellectual property right by determining which goods or services are
covered by the mark, & to unify classification systems around the
world. Registration of Trademark in any member state of Geneva
convention also gives priority registration rights to the trademark
applicant.
TRADEMARK REGISTRY AND PROTECTION:
The Trade
Marks Registry, working under the administrative control of
Intellectual Property Organization of Pakistan. The main function of
the Registry is to registration & protection of trademarks relating
to both goods & services under the Trade Marks Ordinance 2001 and
Trade Mark Rules 2004. The Registrar of Trade Marks hears and decides
the cases relating to registration, post registration, opposition and
rectification matters.
TRADEMARK REGISTRATION PROCESS:
- Filing of Trademark search Application.
- Filing of Trademark Application.
- Preliminary Examination by Registrar.
- Hearing of the applicant/lawyer against objections of Registrar.
- Final order for Publication in Trademark Journal of Pakistan.
- Printing in Trademarks Journal of Pakistan.
- Opposition Procedure. Hearings of Opposition and Decision.
- Issuance of Registration Certificate by Registrar of Trademarks.
- Renewal of the Trademark Registration.
REMEDIES OF MARK INFRINGEMENT:
Civil and
criminal remedies are available in case of infringement of trademark
rights. Infringement of a registered trademark shall be actionable by
the proprietor of the trade mark by way of damages, injunctions,
accounts or otherwise. If your mark is not registered you cannot file
an action for infringement. An unregistered mark will have only a
right of passing off. To exercise the right of passing off you have to
establish with evidence that your mark is being used and which has a
reputation and goodwill.
We as a
law firm, deals cases before Mediation, Arbitration, Trial Courts,
Appellate Tribunals, High Courts & Supreme Court. We also provide
complete legal directions and pathways on the subject in accordance
with applicable laws. We are also providing complete consultancy to
Pakistan and overseas clients. Our lawyers are having exclusive
expertise to register a public limited company in Pakistan and providing
full support after registration a public limited.
BEST TRADE MARK / DOMAIN NAME / PATENTS / COPYRIGHTS / LAWYERS KARACHI PAKISTAN
For
more information, please contact,
A. NAWAZ OSMANI LAW
ASSOCIATES.
SUITE # 17, 7th FLOOR, OFFICE TOWERS, RIMPA PLAZA,
M. A. JINNAH ROAD, KARACHI. PAKISTAN.
Cell & WhatsApp # +92- 321-2770225, Ph. +92- 21-32762286.
Website: www.osmanilaw.com, Email: info@osmanilaw.com.
SUITE # 17, 7th FLOOR, OFFICE TOWERS, RIMPA PLAZA,
M. A. JINNAH ROAD, KARACHI. PAKISTAN.
Cell & WhatsApp # +92- 321-2770225, Ph. +92- 21-32762286.
Website: www.osmanilaw.com, Email: info@osmanilaw.com.
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