PAKISTAN Law and Practice Contributed by: Ali Kabir Shah, Hanya Haroon, Talib Ali Shah and Saif Ahmed, Ali & Associates
PKR250,000, but can vary depending on factors such as the complexity of the case, the grounds of opposition and the specific services provided by the attorney. Trade Marks The application for revocation or cancellation of a trade mark may be made by an interested party, who has to establish sufficient cause in
nent’s evidence, the applicant presents evidence supporting the application. The law also provides the opponent with an opportunity to file reply evidence within one month of receiving the applicant’s evidence, limited to matters strictly in reply. The Registrar exercises discretion on further evidence, allow - ing additional evidence under specific terms if deemed fit. In cases where providing copies may not be possible, the originals are left with the Registrar for inspection, and they must be pro - duced at the hearing unless directed otherwise. Upon completion of the evidence stage, the Registrar shall give notice of a hearing to the parties. During the hearing and/or upon com - pletion of the hearing(s), the parties may submit their written arguments, which shall be placed on record by the Registrar. Upon completion of the hearing stage, the Reg - istrar may review all the arguments, evidence and/or any other material presented and may pass a decision on the notice of opposition. Trade Marks In light of the Trade Marks Amendment Act 2023, a revocation/cancellation of a trade mark under Section 73 of the Trade Marks Ordinance may be filed before the Registrar of Trade Marks – except where proceedings concerning the trade mark are pending in the High Court, in which case the application shall be made to the High Court. Moreover, under Section 80 of the Ordi - nance, an applicant may file the application before the Registrar or the High Court; how - ever, in the event that proceedings concerning the marks are pending proceedings at the High Court, the application shall be made to the High Court.
the matter. Copyright
The application for rectification of a copyright may be made by an aggrieved person against
the registration of such copyright. 5.4 Opposition or Revocation/ Cancellation Procedure
Trade mark opposition proceedings are initi - ated through the filing of a notice of opposition vide Form TM-5 within two months of the trade mark’s advertisement. This notice must articu - late the grounds for opposition, and a copy is provided to the applicant by the Registrar. In response to the notice, the applicant must submit a counter-statement, using Form TM-6, within one month or within an extended period as allowed by the Registrar. Failure to do so results in the application being deemed aban - doned. The Registrar shares a copy of the counter-statement with the opponent, who may subsequently file a rejoinder within one month of receiving the counter-statement. The process then advances to the evidentiary stage, where, within two months of the coun - ter-statement, the opponent submits evidence supporting the opposition. Failure to provide evi - dence leads to the abandonment of the opposi - tion. Within two months of receiving the oppo -
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