Overview
We assist clients in the protection, maintenance, enforcement and commercialization of trademark rights in Pakistan and across multiple jurisdictions, ensuring that brands are secured, managed and effectively leveraged in domestic and international markets.
Why register your trademark
A registered trademark gives its owner the exclusive right to use the mark for the registered goods or services in Pakistan, and a suit for infringement must be brought before an IP Tribunal (section 117). With brands now sold, advertised and copied online within days, registration is the most reliable foundation for protection.
- Enforcement: a registration is the strongest basis for infringement suits, Customs intervention and IPO-Pakistan enforcement complaints.
- Online protection: marketplaces and social media platforms generally ask for a registration certificate before removing counterfeit listings or impersonating pages.
- Business value: a registered mark can be licensed, franchised, assigned and used in investment or sale transactions.
- Evidence: registration is prima facie evidence of validity (section 43).
Who can own a trademark
Any person who claims to be the proprietor of a mark may apply, whatever the form of the business:
Individuals and sole proprietors
In their own name, including a mark that is a personal name, provided it is distinctive.
Partnership firms
Firms registered with the provincial Registrar of Firms, or unregistered partnerships through their partners.
Limited liability partnerships
LLPs registered with SECP under the Limited Liability Partnership Act, 2017.
Companies
Private limited companies, single-member companies and public limited companies registered with SECP.
Associations and public bodies
Including owners of collective and certification marks.
Foreign businesses
Directly, or through the Madrid System by designating Pakistan.
Business name registration is not trademark registration. Registering a company or LLP name with SECP, or a firm name with the Registrar of Firms, does not register a trademark. A trade name is protected without registration (section 92), but a registered trademark gives far stronger and easier-to-prove rights. A mark may also be filed before a company is formed, in the name of a promoter who intends to assign it to the company (section 72).
Types of marks we register
The Trade Marks Ordinance, 2001 defines a mark to include a device, brand, heading, label, ticket, name (including a personal name), signature, word, letter, numeral, figurative element, colour, sound or any combination of these (section 2). To be registered it must be capable of being represented graphically and of distinguishing goods or services.
Word marks
Brand names and invented words, protected in any font or style.
Logos and figurative marks
Devices, symbols and stylised words, alone or combined with text.
Labels, tickets and packaging
Product labels and get-up registered as a combined mark.
Slogans
Taglines that are distinctive rather than purely promotional.
Single letters and numerals
Letters, numbers and combinations, registrable when distinctive for the goods or services.
Personal names and signatures
Expressly within the definition; common names and surnames usually need evidence of acquired distinctiveness.
Company and trade names
Registrable as trademarks when used as brands, separately from SECP or Registrar of Firms registration.
Colour marks
Colours and colour combinations; a mark may be limited to specified colours (section 15).
Shape (3D) marks
Not listed in the definition, and a shape is excluded where it results from the nature of the goods, is necessary for a technical result or gives the goods substantial value (section 14(2)).
Sound marks
Expressly included in the definition, if they can be represented graphically.
Smell marks
Not in the definition; registrability is doubtful because of the graphical representation requirement.
Collective marks
Distinguish the goods or services of members of an association from those of other undertakings (section 82).
Certification marks
Show that goods or services are certified by the owner as to origin, mode of manufacture or performance, quality, accuracy or other characteristics (section 83).
Marks that cannot be registered
The Trade Marks Ordinance, 2001 refuses marks that lack distinctive character or describe the goods, are deceptive or contrary to law, are filed in bad faith, or conflict with earlier marks and protected emblems. Some objections can be overcome with evidence of use.
Trademark Protection in Pakistan
Trademark rights in Pakistan are primarily acquired through registration, which grants the proprietor the exclusive right to use the mark in relation to the registered goods or services and to prevent unauthorized use by third parties.
Pakistan operates on a first-to-file system, making early filing essential to secure statutory rights and priority over competing claims.
At the same time, Pakistan recognizes common law principles. Prior use of a trademark may give rise to enforceable rights even in the absence of registration. Unregistered trademarks may be protected through the doctrine of passing off, provided that the claimant can establish goodwill, reputation and misrepresentation resulting in damage.
Accordingly, trademark protection in Pakistan is based on a dual framework, where businesses may rely on both statutory rights obtained through registration and common law rights arising from prior use and established goodwill.
Trademark Services
We provide end-to-end trademark services across the full spectrum:
Clearance, Strategy and Filing
- trademark clearance searches and availability assessments (2–5 working days, though official search results are issued in around 10 to 15 working days)
- classification under Nice Classification
- legal opinions and risk analysis
- preparation and filing of applications (1–3 working days)
- priority claims under the Paris Convention (where applicable)
Prosecution and Registration
- representation before the Trademarks Registry
- responding to examination objections (IPO-Pakistan's published average: about four months from filing)
- hearings before the Registrar (if required)
- acceptance and advertisement in the Trade Marks Journal
- opposition period: two months from advertisement, extendable by up to two further months (section 28)
- registration and issuance of certificate (straightforward applications are typically completed within 18–24 months)
Opposition and Registry Proceedings
- opposition, revocation and invalidation actions
- defense against third-party oppositions
- evidence preparation and hearings
Note: Contested matters may extend timelines significantly, often ranging from 3 to 5+ years depending on complexity and Registry processes.
Post-Registration Maintenance and Commercialization
- renewals (every 10 years)
- assignments and recordals
- trademark licensing and franchising
- portfolio structuring and optimization
- commercialization and brand monetization strategies
Enforcement, Litigation and Border Protection
- trademark infringement suits before the IP Tribunals (section 117), with appeals to the High Courts
- passing off actions for unregistered trademarks
- interim and permanent injunctions
- damages, accounts of profits and delivery-up/destruction of infringing goods
- criminal enforcement actions where applicable
- customs recordation and border enforcement to prevent import/export of infringing goods
- coordination with enforcement authorities for anti-counterfeiting actions
6. Monitoring and Risk Management
- trademark watch and monitoring services
- infringement risk assessment
- domain name dispute resolution
- publication of cautionary notices in relevant jurisdictions to deter unauthorized use
International and Regional Trademark Protection
We assist clients in securing and managing trademark rights globally through coordinated strategies:
A Power of Attorney is required to be executed in favour of local counsel for representation before the Trademarks Registry.
For foreign applicants, the Power of Attorney is typically required to be signed and notarized, and the original document must be submitted to comply with applicable stamp duty requirements in Pakistan.
Ideally, the Power of Attorney should be filed at the time of filing the application or at the time of initiating opposition proceedings. If it is not filed with the application, it should be filed promptly; failure to file it may result in an office action or procedural objection for non-compliance.
International System
- Madrid System administered by the World Intellectual Property Organization
Regional Systems
- European Union Trade Mark system administered by the European Union Intellectual Property Office
- ARIPO and OAPI systems
- Benelux system
Multi-Jurisdictional Trademark Portfolio Management
We manage trademark portfolios across multiple jurisdictions through:
- coordinated global filing strategies
- centralized renewals and maintenance
- cross-border enforcement planning
- portfolio audits and due diligence
- brand expansion strategies
Classification System
Trademark applications in Pakistan follow the Nice Classification system administered by the World Intellectual Property Organization.
Pakistan operates a single-class filing system, requiring separate applications for each class of goods or services.
Cross-Border Brand Protection
We assist clients in protecting trademarks internationally through:
- multi-country filing strategies
- global clearance and conflict analysis
- enforcement against cross-border infringement
- strategic protection of well-known marks
In jurisdictions where a formal trademark registration mechanism is absent or does not exist, we advise on publication of cautionary notices to establish public notice and support enforcement strategies.
Legal Framework
Trademark protection is governed by:
- Trade Marks Ordinance, 2001 and Trade Marks Rules, 2004
- TRIPS Agreement administered by the World Trade Organization
- Paris Convention administered by the World Intellectual Property Organization
- Madrid System administered by the World Intellectual Property Organization
Why Early Filing Matters
Securing trademark protection at an early stage is critical to safeguarding brand value and avoiding costly disputes.
Although Pakistan recognizes a dual system of trademark protection based on both registration and prior use, it operates predominantly as a first-to-file jurisdiction. Registration confers stronger and more certain statutory rights; however, prior use may still be relied upon in opposition, revocation/invalidation and passing off proceedings, provided that goodwill and reputation can be established. Early filing provides several key advantages:
- Priority Rights: Ability to secure an earlier filing date and claim priority under the World Intellectual Property Organization framework for international expansion
- Stronger Enforcement Position: Registered rights enable more effective action before courts and enforcement authorities
- Brand Security: Reduces the risk of infringement, counterfeiting, and bad-faith registrations
- Commercial Leverage: Enhances the value of the brand for licensing, franchising and investment transactions
- Cost Efficiency: Avoids prolonged disputes, opposition proceedings and rebranding costs
A proactive filing strategy, aligned with business expansion plans, is therefore essential to ensure comprehensive and enforceable trademark protection both in Pakistan and internationally.
Conclusion
We provide integrated trademark services combining strong local expertise in Pakistan with international reach. Our approach enables clients to effectively protect, maintain, enforce and commercialize their trademarks while building and sustaining valuable brand assets across global markets.
Trademark searches and risk assessment
We offer knock-out, full clearance, official, device (logo), common law and international searches, with a written risk assessment before you launch or file a brand.
Filing requirements and use
We prepare and file applications with the Trade Marks Registry at IPO-Pakistan, online or in person. Pakistan has a single-class system, and each application states whether the mark is already in use or intended to be used.
After registration: recordals and changes
We record assignments, licences, mergers and changes of name or address, and manage renewals, so that your registration stays accurate and enforceable.
Priority, well-known marks and bad faith
- Paris Convention priority: six months from the first filing in a Convention country (section 25). Goods or services shown at an official or officially recognised exhibition can also secure the exhibition date if the application is filed within six months (section 26).
- Well-known marks: protected under the Paris Convention without registration or sales in Pakistan, judged on recognition, distinctiveness, duration and scope of use and advertising, commercial value and exclusivity (section 86). Owners can restrain confusing use or dilution.
- Bad faith: a bad-faith application must be refused (section 14(4)); acquiescence does not protect a registration applied for or used in bad faith (section 81).
- Agents and distributors: a mark filed by an importer, agent or representative without the foreign owner's consent can be opposed, invalidated or transferred to the owner, normally within three years of the owner becoming aware (section 90).
Revocation and invalidation
We act for owners defending their registrations and for businesses challenging registrations that are unused, invalid or filed in bad faith, before the Registrar and the courts.
International registration (Madrid Protocol)
The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (the Madrid Protocol), administered by WIPO, entered into force for Pakistan on 24 May 2021. Brand owners abroad can designate Pakistan in an international registration, and Pakistani owners can file international applications through IPO-Pakistan as the office of origin, based on a Pakistani application or registration.
- Each designation of Pakistan is examined by the Trade Marks Registry under the Ordinance; a provisional refusal can be notified to WIPO within 18 months of notification to Pakistan.
- Accepted designations are published in the Trade Marks Journal and can be opposed like national applications, on Form TM-5.
- Outgoing applications are filed on WIPO Form MM2 by a Pakistani national, domiciliary or business with a real and effective establishment in Pakistan.
For applicants and foreign counsel without local representation in Pakistan, we offer a free check of a designation's standing at the Registry: provisional refusals, hearings, publication and the next deadline. Send your IR number(s) to info@saminsami.com. This offer is intended only for owners who do not already have local counsel for the matter.
Source: WIPO Madrid Notification No. 229; IPO-Pakistan Madrid pages.
Key statutory periods
| Step | Period | Source |
|---|---|---|
| Paris Convention priority | 6 months from first filing | s.25 |
| Opposition after advertisement | 2 months, extendable by up to 2 months in total | s.28(2) |
| Counter-statement by the applicant | 1 month from receipt of the opposition, extendable by up to 2 months | s.28(4) |
| Term of registration | 10 years from the filing date | ss.33(3), 34 |
| Renewal | Further 10-year periods; late renewal within at least 6 months with an additional fee | s.35 |
| Non-use | 5 years after completion of registration | s.73 |
| Madrid provisional refusal | 18 months from notification to Pakistan | Madrid Protocol; IPO-Pakistan |
| IPO-Pakistan's published average for a first examination report | About 4 months | IPO-Pakistan |
Court decisions
Selected decisions on this area of law, linked to the published judgment. Summaries are general information, not legal advice, and may not reflect later appeals; please read the full text.
Famous Brands (Pvt.) Ltd. v. Samsonite IP Holdings S.à r.l.
The court upheld an injunction against use of SAMSONITE signage by a third party, finding a prima facie infringement of a well-known mark (section 86, Trade Marks Ordinance, 2001), while resale of genuine goods was not restrained.
Read the judgment ↗POWER SONIC trade mark dispute
A former local agent who registered the foreign principal’s mark was refused an injunction. The court treated the foreign owner’s mark as well known and protected under sections 86 and 92 of the Trade Marks Ordinance and the Paris Convention.
Read the judgment ↗Muhammad Shah Kakar v. Intellectual Property Tribunal at Sindh & Balochistan
The court held that S.R.O. 170(I)/2017 (Customs Rules, 2001, rules 678 to 686) applies to imported goods only, and that applying a registered mark to goods for export is use in Pakistan under sections 5(2) and 40 of the Trade Marks Ordinance.
Read the judgment ↗Dr. Mubin Akhtar Hospital v. Nemo
Applications to revoke or invalidate a registered trade mark go to the Registrar of Trade Marks, unless proceedings about that mark are already pending in the court (sections 73(4), 80(4) and 116 of the Trade Marks Ordinance).
Read the judgment ↗List checked on 23 October 2026. Sources: High Court of Sindh case law portal and published reports.
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