PAKISTAN Law and Practice Contributed by: Ali Kabir Shah, Hanya Haroon, Talib Ali Shah and Saif Ahmed, Ali & Associates
4.9 Incorrect Information in an Application
marks which are on the register, whether regis - tered or pending. 4.7 Revocation, Change, Amendment or Correction of an Application It is possible to amend or correct an applica - tion for a trade mark during the registration pro - cess through the prescribed form – ie, TM-16. Material alterations are also allowed, depending on the stage the application has reached, and such alterations are subject to the approval of the Registrar of Trade Marks and republication in the official Trade Marks Journal. It is important to note that the approval of mate - rial alterations may be contingent on factors such as the nature of the changes and their impact on the registrability of the mark. 4.8 Dividing a Trade Mark Application It is possible to divide a trade mark application through the prescribed form TM-14. A divisional application can be filed by an appli - cant who has already submitted an application under Section 22 of the Trade Marks Ordinance for the registration of a trade mark. The divisional application allows for: • the registration of only a part of the trade mark for any or all of the goods, services or both; or • the registration of the trade mark for some of the goods, services or both covered in the original application. The divisional application can only be made if the original application under Section 22 is pending. The divisional application proceeds similarly to an application made under Section 22, and is considered to have been filed on the same day as the original application.
Providing incorrect information in connection with a trade mark application or other filing can result in various consequences. Rejection or cancellation of the trade mark application may occur if false information is discovered. Loss of rights is another potential outcome. Opposition to trade mark registration can be based on the grounds that the application was accepted owing to false representations or evi - dence. Section 29(3)(c) addresses opposition on such grounds. Additionally, Section 99 of the Trade Marks Ordinance provides penalties for false trade descriptions, including imprison - ment of up to two years and/or fines starting at PKR50,000. Incorrect information may be corrected by sub - mission of the prescribed form (ie, TM-16) and upon the subsequent approval of the Trade Marks Registrar. 4.10 Refusal of Registration In Pakistan, the registration of a trade mark can be refused by the trade marks office based on absolute grounds, as outlined in Section 14 of the Trade Marks Ordinance. These grounds encom - pass various circumstances aimed at ensuring the distinctiveness and appropriateness of reg - istered marks. Firstly, marks that fail to meet the requirements specified in Section 2(xlvii) can face refusal. Additionally, trade marks devoid of distinctive character or consisting exclusively of descriptive marks that may indicate various characteristics of goods or services may be declined. Marks that have become customary in language or trade practices, shapes resulting from the nature of goods or necessary techni - cal results, or those giving substantial value to goods, are also subject to refusal.
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