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Vellani & Vellani
Karachi, Pakistan (PK)

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Bharucha & Co.
Karachi , Pakistan (PK)

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Pakistan (PK)

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Latest News: 03-14-2017 (Newsletter Issue 5/17)
Draft Geographical Indication Bill Published
The Intellectual Property Organisation of Pakistan (IPO) prepared and published on its website the Draft Geographical Indication Protection Bill 2016.

There has been a need for comprehensive legislation because the current Trade Marks Ordinance 2001 provides only minimal provisions relating to the protection of geographical indications. The Draft Geographical Indication Protection Billl aims at improving protection and public awareness of geographical indication products in Pakistan and aligning local laws with international standards, such as TRIPS and the Paris Convention.

The draft bill published on the IPO website is open for discussion and public comment.

For more information, please check the article of our Country Index partner here

Source: Vellani & Vellani, Pakistan


09-15-2015 (Newsletter Issue 14/15)
Amended Terms and IP Related Fees Increased
The Sindh Finance Act 2015 has made some amendments to various statutes including the Sindh Sales Tax on Services Act, 2011. The following terms have been defined therein:

(54A) “intellectual property right” means and includes any right of intangible property, anything produced by the mind, trade mark, patent, design including industrial design, layout design (topographies) of integrated circuits, copyright or any other similar intangible property as defined in clause (g) of section 2 of the Intellectual Property Organization of Pakistan Act, 2012 (Act No. XXII of 2012) and covered by the Intellectual Property Laws specified in clause (h) of section 2 thereof or under any other law for the time being in force;

(54B) “intellectual property service” means any service provided or rendered to a person by any person by transferring temporarily or permitting the use or enjoyment of an intellectual property right.

Further, the Sindh Revenue Board (SRB) of Pakistan has issued a notification stipulating that 10% sales tax will be added on all Intellectual Property services offered in Pakistan.

Source: Vellani & Vellani, Pakistan and www.agip.com


11-08-2011 (Newsletter Issue 13/11)
Journal of Trademarks Available Electronically Now
The Intellectual Property Organization of Pakistan (IPO) has launched the first publication of Digital Journal of Trademarks at the Trademarks Registry in Karachi on October 20, 2011.
Accordingly, trademarks will be published faster and in colors while in the past they needed 12-18 months.

Last August, the Intellectual Property Organization of Pakistan (IPO) informed all the applicants, attorneys and General Public that Trademark Rules 2004 has been amended to give legal effect to the Digital Form of the Trademark Journal available on the website of IPO-Pakistan. To access the IPO's website, please here

Source: AGIP; Bharucha & Co., Pakistan


07-01-2011 (Newsletter Issue 9/11)
Official Fees Increased
The Pakistani Patent and Trademark Office announced on its website that the fee for IP applications i.e. trademarks, patents and copyrights has been restructured and increased, likely effective from June 4th, 2011 (notice of July 6th, 2011).
The official application fee for a trademark is USD 24.00 (approx. EUR 17.00) for one class and USD 24.00 for each additional class. The official registration fee is USD 71.00 (approx. EUR 50.00).

Source: www.ipo.gov.pk
Bharucha & Co., Karachi, Pakistan


Legal basis is the new Trademark Law “Trade Marks Ordinance No. XIX” of 2001, in force since April 12th, 2004.
Trademark protection is obtained by registration or use.
Nice classification; although law is yet to be amended, the Trade Marks Registry has started accepting applications as per 10th edition.
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, letters, numbers, devices and any combination of the mentioned signs. Well-known marks are recognised.
The following trademark types are registrable: trade marks and certification marks, collective marks and domain names.
The application is filed at the Trademarks Registry.
A separate application has to be filed for each class.
It is possible to file other similar trademarks as series trademarks in the same application.
Foreign applicants need a local agent.
A notarised power of attorney is necessary. Legalisation of the Power of Attorney is recommended.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for any conflicts with prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The first office action is taken after approx. 9 to 12 months. The whole procedure from application to registration takes around 2 to 3 years.
Prior to registration, the trademark application is published in the monthly “Trademarks Journal” for inviting third party oppositions.
National:
The opposition period is 2 months from publication date of the application, however, two extensions of 1 month each can be obtained.
A trademark registration is valid for 10 years from date of application.
The registration is renewable for subsequent periods of 10 years. The initial registration of a trademark application filed prior to April 12, 2004, is valid for a period of 7 years. Renewals prior to April 12, 2004 were made for a period of 15 years from the expiration date of the original registration or from the last renewal of registration, renewals after April 12, 2004 will be done for a period of 10 years.
The grace period is 6 months from the publication date of the mark as non-paid case in the Trade Marks Journal.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from the date of issuance of registration certificate, it may be subject to cancellation upon request of any interested party. Subsequent use of the trademark can restore protection if no party has requested cancellation due to non-use in the meantime.

Further practical details are available in our publication on this topic here
The official application fee for a trademark is PKR 2,000 for one class and PKR 2,000 for each additional class. The official registration fee is PKR 6,000.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 380,00 € 270,00 € 
Word Mark Search (identical) 350,00 € 240,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
09-11-2015
Vellani & Vellani, Karachi, Pakistan  

08-25-2014
Vellani & Vellani, Karachi, Pakistan  

08-20-2014
Meer & Hasan, Lahore, Pakistan

08-02-2013
Meer & Hasan, Lahore, Pakistan

11-21-2011
Meer & Hasan, Lahore, Pakistan

02-02-2011
United Trademark and Patent Services, Lahore, Pakistan



Vellani & Vellani



Khushnum Muncherji

Khushnum Muncherji
148, 18th East Street, Phase I, Defence Officers' Housing Authority
75500 Karachi
Pakistan (PK)
Tel +92 21 3580 1000
Fax +92 21 3580 2120
khushnum.muncherji@vellani.com
www.vellani.com

Vellani & Vellani is a law firm based in Pakistan which continues a practice first established in 1937 under the name of Wali Mohammad Vellani & Co and carried on under various names including Fatehali W. Vellani & Co.

The firm specialises in providing expert legal service ranging from commercial matters including anti-trust matters, real estate, taxation (income tax, sales tax, customs, excise), joint ventures, mergers, acquisitions, delisting, winding up, spin off and divestments, projects involving the grant and exploitation of government concessions, the setting up and operation of manufacturing facilities, finance (syndicated loans, project finance, asset management, banking), credit facilities, licensing and transfer of technology, the grant of franchises, agencies and distributorships, the incorporation of companies, private, public and listed, the public floatation and listing of securities, tender offers for listed securities to intellectual property matters (trade marks, patent, copyrights, domain names, anti-counterfeiting, and other emerging IP Rights).

Additionally, the firm provides representation in courts upto the Supreme Court of Pakistan and other tribunals and arbitrators and experts.

Bharucha & Co.



Mohammad Fazil Bharucha

Mohammad Fazil Bharucha
F-7/1, Block 8, Kehkashan, Clifton
75600 Karachi
Pakistan (PK)
Tel + 92 21 3537 9544
Fax + 92 21 3537 9557-58
mfb@bharuchaco.com
www.bharuchaco.com

Bharucha & Co. is one of the oldest IP boutique firms in Pakistan founded in 1948 by Mr. Abdur Rehman Bharucha (1909-2001).

The firm’s range of services in the IP space include all aspects of patents, trademarks, designs, copyright, domain names, licensing, franchising and litigation and is recognized for giving prompt, expedient, accurate and precise responses which are commercially viable as well.

The firm represents major domestic and international clients predominantly from US, Europe and Asia as well as from the Middle East and the Far East in business, industry, trading and profession. The vast majority of its clients are medium and large companies including a handful of Fortune 500 companies.

Bharucha & Co. is ranked among the leading law firms in Asia by some of the most prestigious legal referral guides such as The Legal 500 Asia Pacific, Managing Intellectual Property, Chambers Asia Pacific, etc.

Intellectual Property Organisation of Pakistan, Trade Marks Registry
Plot No. CD-3
Behind KDA
Civic Centre
Gulshan-e-Iqbal
Block-14
Karachi
Pakistan


Tel +92 21 99 23 05 38
Fax +92 21 99 23 01 40
Mail tmv@ipo.gov.pk
www.ipo.gov.pk