Presentation Topic

What is intellectual property

– Intellectual property (IP) is a term referring to creation of the intellect (the term
used in studies of the human mind) for which a monopoly (from greek word
monos means single polein to sell) is assigned to designated owners by law.
Types of Intellectual Property

Industrial Design

Copy rights

Patents

Trade Marks
“A trademark is any sign that individualizes the product of a
company and distinguishes them from the product of its
competitors.”

A trademark is a type of intellectual property, and can be

A Name,
A word or A phrase,
A logo ,
A symbol ,
A design ,
An image ,
or a combination of these elements.
Evolution of trade mark
– Trademark Act 1940.
– Earlier it was governed by common law.
– Trademark Amendment Act, 1942,1943,1946,1951
– Trademarks Act 1940 was replaced by Trade and
Merchandise Act ,1958.
– Trademarks Act, 1999.
– Trade mark ordinance 2001
Sign which may serve as a trade mark

 Words:
 This category includes company names, surnames,
forenames, geographical names and any other words or
sets of words, whether invented or not, and slogans.

 Letters and Numerals:

 Examples are one or more letters, one or more
numerals or any combination thereof.

 Devices:
 This category includes fancy devices, drawings and
symbols and also twodimensional representations of
goods or containers.
 What can be others …

 Others may be like

 Colored Marks:
 This category includes words, devices and
any combinations thereof in color.

 Three-Dimensional Signs:
 A typical category
of three-dimensional signs
is the shape of the
goods or their packaging.
 To identify the goods and their origin.
 To serve as a guarantee of unchanged quality
of the goods.
 It acts as a marketing and advertising device.
 It creates an image of product in minds of
consumers .
 It should be distinctive

 TM should preferably be an invented word. Eg: ZEN

 It should be easy to pronounce and remember if it is word mark.

 In case of a device mark -should be capable of being described by a single word.

 It was be easy to spell correctly and write legibly.

 It should not be descriptive.

 It should be short.

 It should not belong to the class of marks prohibited for registration.

 It should satisfy the requirements of registration.

 Marks related to Trade Mark
 SERVICE MARKS:
 Where a trademark is used in connection with services, it
may be called “service mark”.

 Service marks are used by hotels Service marks are used

by hotels, restaurants, airlines, tourist agencies,
A collective trademark, collective trade mark, or collective
mark is a trademark owned by an organization (such as an
association), used by its members to identify themselves with a
level of quality or accuracy, geographical origin, or other
characteristics set by the organization

Example :
i. The "CA" device used by the Institute of Chartered Accountants
ii. The trade mark used by Kenya coffee
 There is a species of trade mark called as Certification Trade mark.

Certification trade mark is a special type of trade mark used to indicate that a
product or service meets a certain standard.
e.g. Geographical origin, ingredients and so on such as ISI, AGMARK, FPO
 Trade mark ordinance , 2001 in Pakistan

The Trade Marks Ordinance 2001 defines a trademark any

mark capable of being represented graphically which is
capable of distinguishing goods or services of one undertaking
from those of other undertakings
Objectives of the Trademarks Ordinance, 2001 of Pakistan:

 Amend and consolidate laws relating to trademarks and unfair competition in

Pakistan.

 To provide for registration of trademarks in Pakistan.

 To provide for better protection of trademarks in Pakistan

 When has a trade mark been infringed?

In Pakistan, a registered trade mark is infringed by the unauthorized use of that

mark:
In relation to any goods or services for which the trade mark is registered;

In relation to goods or services that are similar.

Where the relevant mark is well-known in Pakistan and use.

Punishment for using a false Trademark or Property Mark

– Section 482 says that whoever uses any false trademark or any
false property mark shall be punished with:
– imprisonment of for a term which may extend to one year; or
– with fine; or
– with both
 Procedure for registration

Step 1 : Application

Filling of an application for registration by a person claiming to be the

proprietor of the trademark, in the office of trademark registry, Within
territorial limits of Islamic republic of Pakistan.
Step 2 : Examination

Examination by the registrar whether it is distinctive and

does not conflict with existing registered or pending
trademarks, and examination report is issued.
Step 3 : Publication and Opposition

Publication of the application after or before the acceptance of

application in trademark journal.
A time period of two months is given for the receipt of opposition
to a mark, if any.
Step 4 : Registration

If the opposition has been decided in the favor of applicant

of the registration of trademark, the registrar will register
the trademark.
 5-Renewal Section

A registered trade marks is valid for a time period of 10 years.

Afterwards, it need to be renewed for another 10 years. Renewal
Section issues a Renewal Certificate for another 10 years time
period.
Trademark Registration Flow Chart
The following flow chart will show the procedure for registration of trademarks in Pakistan:
 Conclusion

Trademark registration is an easy process so if your

business is expanding and you are getting a feeling that
your name may get compromised, you should register.