Trademark
What is Trademark
Trademark can be a sign, logo, symbol, word, or combination of all or any of the above that a person can use to distinguish their business’ goods or services from those of other traders, commercial identity, or brand by discouraging other businesses from adopting a name or logo that is of similar nature to an existing trademark.
How do you protect your Brand?
Registering a trademark will give its owner the right to exclusively use, license, or sell the mark within the categories for which it is registered, blocking others from using a mark that is substantially identical or deceptively similar. In this way, trademarks protect brand identity and secure a company’s rights; to its image. A trademark remains registered indefinitely if it continues to be used.
Trademark Classification
In Pakistan Trade Marks are classified under 45 classifications having signatory to International Nice Classification (Agreement) based on Geneva accord executed by 75 Countries. Idea is to register Trade Mark under these classifications capable of distinguishing your goods or services from similar Trade Mark of other classified business sectors. Moreover, a trademark can conveniently be registered in more than one country under the same classification to avoid complexity.
Legal statutory remedy against infringement of Trademark
Trademark having been registered, is protected under the Trade Mark Ordinance, 2001 and in terms of the said law, any such person aggrieved of infringement can instantly approach the Court of law for interim relief so as to restrain a person from using such Trade Mark. Moreover, a suit for damages can be filed claiming general loss arising out of falsification, counterfeit and undue advantage, as a substantial relief.
Whereas a simultaneous criminal course can also be adopted for prosecuting a person having committed an offence of infringement by lodging First Information Report (FIR) with respective police station in terms of offences mentioned under Section 478 – 489 of Pakistan Penal Code 1860.