PAKISTAN Law and Practice Contributed by: Ali Kabir Shah, Hanya Haroon, Talib Ali Shah and Saif Ahmed, Ali & Associates
information that constitutes common property, such as facts or standard public data. Works that infringe existing intellectual property rights or that are regis - tered as industrial designs are also excluded from copyright protection. An appeal against refusal may be filed before the Copyright Board within three months of the decision. The Board’s determination is final and not subject to further appeal or challenge. 3.10 Related Rights Although copyright and trade mark protection may overlap in relation to logos, artistic designs, trade dress and packaging, there is no statutory provision treating copyright as an inherent component of trade mark protection. In practice, however, the Copyright Office tends to favour registered trade mark owners. Pakistani courts have also clarified that copyright registration cannot substitute trade mark protection, and for vendible goods, copyright claims are gener - ally expected to be supported by a valid trade mark registration. As a common law jurisdiction, Pakistan recognises the rights of prior users or adopters of a trade mark irrespective of registration, provided bona fide use can be established in the event of a dispute. While regis - tration is not mandatory to claim trade mark rights, it offers significant statutory advantages, including stronger enforcement and clearer exclusivity. Trade mark rights primarily arise from use; however, proprietors with a bona fide intention to use a mark may file a “proposed to be used” application to secure an early priority date. Despite this, Section 73 of the Trade Marks Ordinance provides that a registered trade mark is liable to revocation if it is not used in Pakistan for a continuous period exceeding five years after registration. 4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration Under Sections 39 and 33 of the Ordinance, reg - istration confers exclusive rights from the date of
registration, and any unauthorised use constitutes infringement. Registration also serves as prima facie evidence of proprietorship, enabling courts to grant interlocutory injunctions. Additionally, it facilitates enforcement before government and regulatory bod - ies, including Customs, the Drug Regulatory Author - ity, and the Competition Commission of Pakistan. All trade marks are subject to the same procedural requirements under the Trade Marks Ordinance and Under the Trade Marks Ordinance, a Register of Trade Marks is maintained containing details of all registered trade marks. While the Register is not available online, it is accessible for public inspection at the Trade Mark Office through a dedicated portal commonly used for clearance searches. In addition, official trade mark searches may be requested by filing Form TM-55, which applies to a single mark in one class and must be accompanied by two representations of the mark and a search fee of PKR1,000. 4.3 Term of Registration A registered trade mark in Pakistan is valid for ten years from the application date and may be renewed under Section 35 of the Trade Marks Ordinance upon payment of the prescribed fee. A minimum six-month grace period is available after expiry on payment of an additional fee, failing which the mark may be removed from the Register, subject to possible resto - ration. Continued registration requires bona fide use in Pakistan, supported by evidence such as invoices or promotional material. the Trade Marks Rules, 2004. 4.2 Trade Mark Register Section 37 allows limited alterations to registered trade marks, such as changes to the proprietor’s name or address, provided the mark’s identity is not substan - tially affected. Material alterations require publication, while amendments to the mark or goods and services are not permitted after registration; however, pending applications may be amended using Form TM-16. 4.4 Application Requirements Trade mark applications in Pakistan must be filed in hard copy in accordance with the Trade Marks Ordi - nance and the Trade Marks Rules, 2004. The appli - cation must include the prescribed form containing
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