Trademarks
Pakistan
Jurisdictional Questions
Contributor:
1. What is the statutory term of protection for a trademark, and what legal procedures govern the renewal of registered rights?
The Trademarks Ordinance, 2001 (“Trademarks Ordinance”), defines a trademark as any mark capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertaking.
A trade mark is registered for a period of ten years from the date of filing of application or priority date, which can be extended for further period of ten years each ad infinitum.
2. Who is the first owner of trademarks?
The first user is typically considered to be the first owner of the trade mark.
3. Who can apply for registration of trademarks and, briefly, what is the procedure for registration?
Any person claiming to be the owner of the respective right can apply for the registration of trademarks.
Trade Marks are filed on prescribed form along with notarized Power of Attorney. Examination takes about a year. If no objection, it proceeds to advertisement in the Trade Marks Journal. If objections arise, applicant files a reply or attends a hearing before a Tribunal. Upon advertisement, third parties have two months (extendable by two months) to oppose. If no opposition (or once resolved), Demand Note for registration fee is issued and mark is registered.
Pursuant to Section 22 of the Trademarks Ordinance, an application for registration of a trade mark shall be made in writing to the Registrar of Trade Marks, in the prescribed manner.
Without limiting the particulars that may be included in an application, the application shall contain:
(a) a request for registration of a trade mark; (b) full name and address of the applicant; (c) a statement of goods or services in relation to which it is sought to register the trade mark; (d) international classification of goods or services; (e) a representation of the trade mark; and (f) full name, address and contact details of agent, in case the application, on behalf of the applicant, if made by his agent.
Moreover, the application shall state that the trade mark is being used by the applicant, or with his consent, in relation to goods or services, or that he has a bona fide intention that it should be used.
Additionally, the application shall be subject to the payment of the application fee as may be prescribed.
4. How long does the registration procedure usually take?
There is no prescribed time for registration of trademarks and depends upon the workload at the concerned departments.
5. Do third parties have the right to take part in or comment on the registration process?
Yes, third parties have the right to oppose/object or comment on the registration process.
6. What steps can the applicant take in the event registration is refused (if any)?
The applicant may prefer an appeal against the refusal in the High Court having territorial jurisdiction over the provincial Intellectual Property Tribunal.
7. What are the current application and renewal fees for trademarks?
• Trade Marks:
- Filing Fee: PKR 3,000 (single class)
- Registration Fee: PKR 9,000
- Renewal Fee: PKR 10,000 per mark
8. What are the consequences of a failure to pay any renewal fees and what (if any) steps can be taken to remedy a failure to pay renewal fees?
In case of failure to pay renewal fees, the right is likely to be ceased/removed. As a remedy, a restoration application within the prescribed time may be filed in some instances; if not filed, the right ceases to exist.
9. What are the requirements to assign ownership of each of the intellectual property rights described above?
• Notarized Assignment document.
• Notarized Power of Attorney.
10. Is there a requirement to register an assignment of any of these intellectual property rights and, if so, what is the consequence of failing to register?
It is not mandatory to register an assignment of any of the intellectual property rights. However, in case of non-recordal of assignment, the assignee may face difficulties while enforcing or defending its right in relation to third parties.
11. What are the requirements to licence a third party to use each of the intellectual property rights described above?
A right holder may license its rights through a license agreement, exclusive or otherwise, in favor of any third party. The agreement must be in writing and duly executed by the grantor.
12. Is there a requirement to register a licence of any of these intellectual property rights and, if so, what is the consequence of failing to register?
It is not mandatory to register a licence. In case of non-recordal of license, both the licensor and licensee may have to produce other supporting evidence to demonstrate their relationship in case of any action concerning the IP right.
13. Are exclusive and non-exclusive licensees given different rights in respect of the enforcement of the licensed trademark, and if so, how do those rights differ?
In case of trademarks, the holder of an exclusive license has the like rights as the proprietor, whereas in a non-exclusive license, the licensee has limited rights.
14. Are there criminal sanctions for infringement of any trademark rights, and if so, what are they and how are they invoked?
Yes, there are criminal sanctions for infringement of trade marks in the form of imprisonment or fine or both in different descriptions.
Criminal action can be invoked by lodging a complaint with the relevant enforcement agencies.
15. What other enforcement options are available for trademark rights described above? For example, civil court proceedings, intellectual property office proceedings, administrative proceedings, alternative dispute resolution.
Yes, other enforcement options are available such as civil proceedings and intellectual property office proceedings. A civil suit for Infringement and passing-off can be filed before the Intellectual Property Tribunal of jurisdiction. A complaint can also be filed with the Competition Commission of Pakistan.
16. What is the length and cost of such procedures?
There is no prescribed time, but it typically takes around five (5) to six (6) years for a decision. The maximum court fee is PKR 15,000 currently.
17. Where court action is available, please provide details of which court(s) have jurisdiction, how to start proceedings, the basics of the procedure, the time to trial, the format of the trial, the time to judgment and award of relief and whether any appeal is available.
• Jurisdiction: Civil suits and criminal cases can be initiated before Intellectual Property Tribunals having jurisdiction, which is determined by the Defendant's place of business or residence.
• Procedure: The suit is filed along with an interlocutory injunction application. After a preliminary hearing, the court may grant an interim injunction or issue notice to the defendant. If defendant avoids appearance, notice is published in newspapers. Upon appearance, defendant files defense and objections, followed by a hearing to decide the injunction application. Next, the main suit proceeds with recording of evidence, final arguments, and judgment. The procedure takes a long time, but interim injunctions persist until final decision.
• Reliefs: Injunctions, delivery of infringing materials, rendition of accounts, and damages. In criminal matters, bailable warrants of arrest may be issued.
• Appeals: Available to any party aggrieved by any order or judgment of the court.
18. What customs procedures are available to stop the import and/or export of infringing goods?
Right holders with valid grounds for suspicion that goods imported into Pakistan infringe copyright or trademark laws may apply at the notified customs station to the Director of IPR Enforcement.
• Requirements: Certified copy of registration certificate, copies of CNIC/passport, National Tax Certificate, notarized undertaking indemnifying customs authorities, and a bank guarantee (PKR 500,000 or 25% of suspected goods value, whichever is higher) to cover potential losses/costs.
19. Are any non-court enforcement options or dispute resolution mechanisms mandatory in respect of intellectual property disputes in any circumstances? If so, please provide details.
There are no mandatory non-court enforcement options or dispute resolution mechanisms available in respect of intellectual property disputes.
20. What options are available to settle intellectual property disputes?
Disputes may be settled through the National Centre for Dispute Resolution (NCDR).
21. What is required to establish infringement of trademark rights? What evidence is necessary in this context?
The impugned mark must be identical or similar to the registered mark. Documentary evidence must be filed by both parties to establish infringement or non-infringement.
22. How does the court acquire any necessary information (fact or technical) and in what circumstances does it do so? In particular: a) Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties' expert witness evidence? b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?
a) Technical Expert / Adviser: In any suit for infringement or proceeding, the Tribunal may at any time (on application or independently) appoint an independent adviser to assist or inquire and report on questions of fact or opinion not involving legal interpretation.
b) Obtaining/Protecting Evidence: The Tribunal can order relevant documents or materials to be provided/disclosed to an adversary.
23. How is information and evidence submitted to the court scrutinised? For example, is cross-examination available and if so, how frequently is it employed in practice?
Cross-examination of witnesses takes place during the trial.
24. What defences to infringement are available?
Good faith use (person's own name, place of business, descriptive characteristics of goods/services, spare parts/accessories, comparative advertising); compliance with conditions/limitations/disclaimers entered on the Register.
25. Who can challenge the trademark rights?
Any interested party may challenge trademark rights and commence invalidation proceedings.
26. When may a challenge to the intellectual property rights be made (e.g. during any registration process or at any time during the subsistence of the right)?
A challenge to trademark rights may be made after publication as well as at any time during the subsistence of the right.
27. Briefly, what is the forum and the procedure for challenging each of these intellectual property rights and what are the grounds for a finding of invalidity of each of these intellectual property rights?
• Forum & Procedure: IP rights can be challenged before relevant IP offices (application on prescribed form with statement of grounds) or in court (petition for invalidation along with affidavit and evidence).
• Grounds for Invalidity:
Breach of absolute or relative grounds for refusal of registration.
28. Are there any other methods to remove or limit the effect of any of the intellectual property rights described above, for example, declaratory relief or licences of right?
Declaratory reliefs (removing/limiting effect of IP rights) can be granted by the court upon petition by an aggrieved party. Additionally, IP rights may be restricted/transferred to a licensee via a license agreement.
29. What remedies (both interim and final) are available for infringement of each of the intellectual property rights described above?
In all IP matters, courts may grant interim injunctions followed by permanent injunctions (subject to terms), and at the option of the plaintiff, either damages or account of profits.
Submission date: 2 October 2026
Ashraf Law Chambers is a premier full-service law firm in Pakistan specializing in trademark, brand protection, and intellectual property law. The firm advises domestic and international clients on comprehensive trademark portfolio management, brand enforcement, global registration strategies, and trademark dispute resolution.
Led by Sheheryar Ashraf, the firm combines multi-jurisdictional legal expertise with deep commercial insight, delivering strategic legal solutions for brand owners, corporate enterprises, and high-growth businesses. Sheheryar has vast experience advising multinational corporations, security trustees, commercial entities, and Magic Circle law firms on complex IP matters and brand strategy. He has also contributed legal articles and insights to multiple prestigious legal directories.
Sheheryar Ashraf
