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Trademark Mark Services

The Trademark Ordinance, 2001 (i.e. Ordinance), and Trademark Rules 2004 (i.e. Rules) came into force on 12th April 2004 – Ordinance focused on :-

Procedure for registration; Opposition; Registration and effect; Infringement proceedings; importation of infringement goods etc; Unfair competition; Comparative advertisement; Assignment; Use of trademarks and license; Paris Convention; Rectification; Offence and penalties; Appeals, & General Provisions; Special provisions for Textile goods.

Rule is a part and parcel of the Ordinance contains the procedure and technicalities, search report on trademarks, collective marks, certification of trademarks, publication in Journal, disposal of opposition system, registration, tabulated forms (60 in number), schedule for class of goods and services, and schedule of textile goods.

Under the law, priority application can be filed; protection of well known trademark as well as safeguard of registered trademark can be claimed. Registration is granted for a term of ten years, and term of each renewal is ten years (upon application).

Trade Mark Registry (TMR) – equated with Tribunal (original forum) -> The High Court (first appellate forum) -> The Supreme Court (second appellate forum).

Search (if necessary) -> Filing of form (application) showing name, address, & nationality of applicant; description of business / trade (or service); international class of business (or service), period of use (if any), specification of mark (logogram, word, device etc to be registered without or with house mark, if any), history of registration with different countries (if any).

At a glance – Steps A to E
A. Search -> Filing of application -> Examination -> Show cause to applicant/ or acceptance by TMR.
B. Reply to show cause -> Refusal or acceptance by TMR.
C. In case of acceptance -> Publication in Journal -> if no opposition received, Registration allowed.
D. If opposition received -> Hearing – Evidences filed – Decision by TMR (Refusal or acceptance) – if Opposition is refused – Registration allowed (if no appeal is filed by opponent).
E. Opponent may go into appeal for decision -> Decision by HC.