TRADEMARK, COPYRIGHT, OR PATENT

What is a trademark or service mark?

A trademark is a word, phrase, symbol, or design, or a combination thereof, that identifies and
distinguishes the source of the goods of one party from those of others.
A service mark is the same as a trademark, except that it identifies and distinguishes the source
of a service rather than goods. Throughout this booklet, the terms trademark and mark refer
to both trademarks and service marks.

Do Trademarks, Copyrights, and Patents protect the same things?

No. Trademarks, copyrights, and patents protect different types of intellectual property. A trademark
typically protects brand names and logos used on goods and services. A copyright protects an original
artistic or literary work. A patent protects an invention. For example, if you invent a new kind of
vacuum cleaner, you would apply for a patent to protect the invention itself. You would apply to
register a trademark to protect the brand name of the vacuum cleaner. And you might register a
copyright for the TV commercial that you use to market the product.

SHOULD I REGISTER MY MARK?

Is registration of my mark required?
No. You can establish rights in a mark based on use of the mark in commerce, without a registration.
However, owning a federal trademark registration on the Principal Register provides several
advantages, including:
Public notice of your claim of ownership of the mark;
A legal presumption of your ownership of the mark and your exclusive right to use the mark
nationwide on or in connection with the goods/services listed in the registration;
The ability to bring an action concerning the mark in federal court;
The use of the U.S. registration as a basis to obtain registration in foreign countries;
The ability to record the U.S. registration with the U.S. Customs and Border Protection (CBP)
Service to prevent importation of infringing foreign goods;

The right to use the federal registration symbol

; and

Listing in the United States Patent and Trademark Offices online databases.

When can I use the trademark symbols TM, SM, and

If you claim rights to use a mark, you may use the TM (trademark) or SM (service mark)
designation to alert the public to your claim of ownership of the mark, regardless of whether you
have filed an application with the United States Patent and Trademark Office (USPTO).

Logo

A logo is a drawing, image, or symbol that identifies and represents a company, but this
does not necessarily mean the logo has been registered as a trade mark. A business logo is often
used on websites, pamphlets, or any type of advertising material offered by a company,
A logo can qualify as a trademark -- if it meets the minimum requirements. To qualify as a trademark, a
logo must be a unique mark used to identify and distinguish the company's goods or services offered in
the marketplace. Strong logos often become easily recognizable trademarks throughout society.

Logo design
Logo design is an important area of graphic design, and one of the most difficult to perfect. The logo
(ideogram) is the image embodying an organization. Because logos are meant to represent companies' brands
or corporate identities and foster their immediate customer recognition, it is counterproductive to frequently
redesign logos.

Logo color
Color is a key element in logo design and plays an important role in brand differentiation. The importance of
color in this context is due to the mechanics of human visual perception wherein color and contrast play
critical roles in visual detail detection. In addition, we tend to acquire various color connotations and color
associations through social and cultural conditioning, and these play a role in how we decipher and evaluate
logo color. While color is considered important to brand recognition and logo design, it shouldn't conflict with
logo functionality, and it needs to be remembered that color connotations and associations are not consistent
across all social and cultural groups.

Logo design process

Designing a good logo may require involvement from the marketing team and the design agency (if the process
is outsourced), or graphic design contest platform (if it is crowd sourced). It requires a clear idea about the
concept and values of the brand as well as understanding of the consumer or target group. Broad steps in the
logo design process might be formulating the concept, doing an initial design, finalizing the logo concept, and
deciding the theme colors and format involved.

Advantages

A logo is a visual element that brands your business or identifies your business. The logo
is one of the most important visual element of any advertisement , informational pamphlet, web
design, sign or any other document that represents your company. It is often supported by other
visual elements like fonts, colors, layouts and images, but it is the symbol or image that identifies
your brand. The logo adds visual interest and is a way of communicating which is often more
quickly understood than text alone. The logo is a crucial element to marketing to others,
especially when people are busy, quickly passing by and only have the opportunity of glimpsing
who you are. Almost every business has a logo of some type but not every business deems it
important to register the logo as a trademark.

Trademarks
A trademark, as defined by Wikipedia, is a recognizable sign, design or expression which
identifies products or services of a particular source from those of others. Used interchangeably
with brand, mark, orlogo, a trademark can be some sort of unique typographic design or fontbased art, imagery, 2D or 3D figure, signature, numerals, etc., or a combination of these.
In Pakistan, Trademarks Registry (TMR) is the federal government body that governs the rules
and procedures for registering the Trademarks for different firms and products. The body works
under IPO and acts as a Civil Court, and the head-office for TMR is located in Karachi.

Trademark Registration Procedure

The procedure for trademark registration is as follows.
1.

The applicant applies for a Trademark Search by filling out TM Form 55 and giving the
required Trademark. A search is then made by TMR Office to check if a trademark similar to
the one being sought already exists.

1.

2.

If a similar trademark doesnt exist, the applicant can move on to the next step.

2.

If a similar trademark is already registered, applicant can give another Trademark

for search by filling out another form.

3.

This trademark search is not mandatory, but is recommended by TMR office to

avoid any disputes in the future with matching trademarks.

After the search is made and does not result in finding a similar Trademark, applicant fills
out the Application Form (TM Form 1 or TM Form 2, whichever applies) for the
registration. Goods and services for which a trademark can be obtained are divided into
several categories known as Classes, the details of which can be viewed here. The
application must contain:
1.
2.

Prescribed Application Form (TM Form 1 or TM Form 2),

8 copies of clear reproduction of the Trademark (Word, Symbol, Logo, 3D
features etc.),

3.

A list of goods and services for which the Trademark is being sought,

4.

Payment to the respective administrator (usually the Director General, IPO

Pakistan).

3.

An acknowledgment report is sent to the applicant within 15 days of application

submission. The applicant is further notified regarding the application via an Examination
Report within 3 months of application submission. If there is any objection regarding the
Trademark, applicant is notified with a Show Cause notice to which the applicant must
respond within 2 months and clarify all objections or the request will be cancelled.

4.

If there are no objections at this stage, the trademark is published in a monthly digital
Journal which is available on IPOs website.

5.

1.

The journal is available publicly, and anyone can view the trademarks which have
been applied for registration.

2.

If some party has any objection against a trademark published in the journal, they
can seek IPOs action against it by filling out Form TM-5 or Form TM-8(whichever
applies to the case) to request the launch of an investigation.

3.

An applicant can submit their defence against opposition notice by filling

outForms TM-6 or TM-9 (whichever applies).

If no objection is raised within 2 months of the journal publication, the applicants

request for trademark registration is accepted, and they are instructed via a Demand Notice to
pay the registration fee alongside TM Form 11 in order to receive a registration certificate.

6.
7.

Registration certificate is issued once the final payment is made by the applicant.
Applicant is responsible for the renewal of trademark every 10 years. Trademarks can be
renewed by filling out TM Form 12 alongside making prescribed fee.

Costs for Trademark-related Procedures and Forms

A number of different costs are involved in the process of registering, renewing or modifying a
trademark. It is the applicants responsibility to make sure that all the costs are paid in full at the
time of submission of accompanying application form.

Slogans
Advertising slogans play an important role in protecting brand identity. Advertising slogans can
bridge this gap and reveal information about the image of the product. By this means, building
relationship with whatever that brand is created for becomes possible (Keller, 2009). Advertising slogans
are of unique and considerable use in recognizing a brand.

Slogan Characteristics
A perfectly formed tagline should have as many of these characteristics as possible:
1. It should be memorable See page 4
2. It should recall the brand name 8
3. It should include a key benefit 9
4. It should differentiate the brand 10
5. It should impart positive feelings for the brand. 11
6. It should reflect the brand's personality 12
7. It should be strategic 13
8. It should be campaignable 13
9. It should be competitive 14
10.It should be original 15
11.It should be simple 15

12.It should be neat 16

13.It should be believable