Several years ago, a bakery owner walked into my office carrying photographs of two shopfronts. One belonged to his business; the other had recently opened just a few kilometers away, using a remarkably similar name, logo, and color scheme. Customers had begun confusing the two businesses. Some had even complained about the “other” bakery’s service, unaware it had no connection with the original.
Looking at me with obvious frustration, he asked a question I have heard many times during my career:
“Can they legally do this?”
As with many legal questions, the answer was not a simple yes or no. It depended on one crucial issue: How well had the brand been protected?
Your Brand May Have Rights, But Registration Makes Those Rights Stronger
One of the most common misconceptions among business owners is that simply using a business name or logo automatically gives them complete legal ownership of it.
Pakistani trademark law is more nuanced.
Under the Trade Marks Ordinance, 2001, rights in a trademark may arise through both use and registration. A business that has established goodwill in an unregistered trademark may protect its rights through an action for passing off, a common law remedy expressly preserved by Section 46(3) of the Ordinance.
However, registration provides something fundamentally different and significantly more valuable. It gives the proprietor statutory rights, including the right to bring an action for trademark infringement under Section 46(1) of the Ordinance.
The practical difference is important.
In a passing off action, the claimant generally has to establish goodwill, misrepresentation, and resulting damage. An infringement action, on the other hand, is based on the statutory rights attached to a registered trademark. In practice, registration often makes enforcement more straightforward, predictable, and commercially effective.
Registration also provides greater certainty when licensing or franchising a brand, assigning ownership, recording trademark rights with Customs, and expanding protection into foreign markets.
Why Registration Makes Commercial Sense
I often compare trademark registration to obtaining a registered title for property.
Your business may already own valuable goodwill built through years of hard work, customer trust, and consistent quality. Registration does not replace that goodwill, it strengthens its legal protection by providing statutory recognition and a clear public record of ownership.
Over the years, I have advised businesses that spent years building successful brands but delayed protecting them until a dispute arose. By then, resolving the problem had become significantly more expensive, more time-consuming, and far more uncertain than it would have been had the trademark been registered at the outset.
For entrepreneurs, startups, family businesses, and established companies alike, a registered trademark is far more than a certificate. It is a valuable commercial asset that can be licensed, assigned, franchised, and considered during investment, mergers, acquisitions, and business valuations.
The Bakery’s Outcome
In this particular matter, the bakery owner had already taken an important step by filing a trademark application before the dispute arose.
Although registration had not yet been completed, the filing together with evidence of prior use and the goodwill the business had developed strengthened the owner’s legal position and enabled us to challenge the competing use more effectively and work towards a commercial resolution.
Had there been no application and little evidence of reputation, protecting the brand would almost certainly have been more difficult, more expensive, and far less predictable.
My Advice to Every Business Owner
If you are launching a new business, don’t wait until your brand becomes successful before thinking about trademark protection.
Register your business name, logo, and any distinctive slogan as early as possible. Conduct proper trademark clearance searches before investing in branding and marketing, and make trademark registration part of your business strategy—not an afterthought.
After nearly two decades of practising intellectual property law, I have learned that most trademark disputes are not caused by dishonest businesses. They are often the result of businesses that simply waited too long to protect what they had built.
Pakistani law recognises both registered and unregistered trademark rights. Nevertheless, registration provides stronger statutory protection, greater commercial certainty, and more effective enforcement.
Your brand is often one of your company’s most valuable assets. Protect it before someone else forces you to defend it.
About the Author
Sameer Sami is the Founder and Principal Attorney of SAMI & SAMI (Attorneys-at-Law). He is an Advocate of the High Court, a WIPO-Trained IP Trainer, and holds an LL.M. in International Intellectual Property Law from Queen Mary University of London. With nearly two decades of experience in intellectual property law, he advises multinational corporations, SMEs, startups, and foreign associates on trademark prosecution, enforcement, portfolio management, and cross-border IP strategies. He is a member of INTA (International Trademark Association).