- PART I
- CHAPTER 1.-PRELIMINARY
- CHAPTER II.-CLASSIFICATION
- CHA.PTER III.-APPLICATION FOR REGISTRATION
- CHAPTER IV.-ADVERTISEMENT OF APPLICATION
- CHAPTER V,-NOTICE OF NON-COMPLETION OF REGISTRATION
- CHAPTER VI.-REGISTRA TION
- CHAPTER VII.-COLLECTIVE MARKS
- CHAPTER IX.-DIVISIONAL APPLICATION
- CHAPTER X.-RENEWAL AND RESTORATION
- CHAPTER XI.-ASSIGNMENT AND TRANSMISSION
- CHAPTER XII.-RE-CLASSIFICA TION OF GOODS AND SERVICES INRESPECT OF EXISTING REGISTRATION
- CHAPTER XIII.-A WARD OF COSTS BY REGISTRAR
- CHAPTER XIV.-APPEAL TO THE HIGH COURT
- CHAPTER XV.-MISCELLANEOUS
- PARTII
- PART IIIREGISTRA TION OF TRADE MARK AGENTS
- PART IV RULES RELATING TO BRANCH REGISTRY
- PART VRETURN OF EXHIBITS AND DESTRUCTION OF RECORD
- PART VIMISCELLANEOUS
EXTRAORDINARY Statutory Notifications (S.R.O.)
GOVERNMENT OF PAKISTAN
MINISTRY OF COMMERCE
NOTIFICATION
lslamabad, the 6th April, 2004
S. R. o. 211 (1)/2004. -In exercise of the powers conferred by sub-section (1) of section 132 of the Trade Marks Ordinance, 2001 (XIX of 2001), the Federal Government is pleased to make the following rules, the same having been previously published as required by the said sub-section, namely:
THE TRADE MARKS RULES, 2004.
PART I
CHAPTER 1.-PRELIMINARY
I
l. Short title and commencement.-(1) These rules may be calle," the Trade Marks Rules, 2004.
(2) They shall come into force at once.
2. Definitions.-(l) In these rules, unless there is anything repugnant in the subject or context, them in the Ordinance .
.
(3) In these rules, reference to filing of any application, notice or other document shall be construed as reference to its being sent or delivered to the Registrar at the Trade Marks Registry or its branches. (2) Fee may be paid in cash at the Registry or any Branch or m2y be
sent by money order, postal order, cheque, bank draft or
to the Registrar.
(3) Cheques not carrying the correct addition for commission, and other cheques on which the full value cannot be collected in cash within the time allowed for payment of the fee shall be
only at the discretion of the Registrar.
(4) Stamps shall not be received in payment of any fee.
(5) Any Form required to be filed with the
.
under these rules.
5. Size, etc. of documents.-(1) Subject to any other directions that may be given by the Registrar, all applications, notices, statements or other documents, except trade marks authorized or required by the Ordinance or these rules to be made, left with or sent to the Trade Marks Registry or left with or sent to the Registrar or the Federal Government shall be written, type-written, lithographed or printed in the English language in large and legible characters with deep permanent ink upon strong paper, and except in the case of affidavits, on one side only, of a size approximately thirteen inches by eight inches, and shall have on the left-hand part thereof a margin of not less than one
. inch and-a-half.
(2) Duplicate documents including trade marks shall be filed at the Trade Marks Registry or its branch, if at any time required by the Registrar.
6. Signature of documents.-(1) A document purporting to be signed by proprietor or in case of partnership shall be signed by at least one of the partners and a document purporting to be signed by a body corporate shall be signed by a director or by its secretary or other principal officer of the body corporate. A document purporting to be signed by any other association of persons shall be signed by the President, Chairman or Principal Secretary of the Association or by any other person who appears to the Registrar to be duly qualified. The capacity in which an individual signs a document on behalf of a partnership or a body corporate or other association of persons shall be stated
below his signature and name and complete address.
(2) Signature to any documents if written in characters other than Roman, or if not clearly legible shall be accompanied by a transliteration in English language and in block capitals.
7. Service of documents.-All applications, notices, statements, papers having representation affixed thereon, or
other documents authorized or required by the Ordinance or these rules to be made, left or sent, at or to the Trade Marks Registry or to its branch or with or to the Registrar or the Federal Government or any other person may be sent through post by a prepaid letter, any application or any document so sent shall be deemed to have been made, left or sent at the time when the letter containing the same would be delivered in the ordinary course of post. In proving such sending, it shall be
8. Particulars of applicants and other persons.-(1) Names and address of applicants and other persons shall be given in full, together with their nationality and
such particulars, if any, as are necessary for In the case of a firm, the full name and nationality of every partner thereof shall be stated. and the nature of registration, if any, as the case may be, shall be given.
9. Address for service.-(1) For the purposes of any proceedings before the Registrar under these rules an address for service in Pakistan shall be filed by of such application. 10. Agency.-The authorization of an agent, being either a legal practitioner or a person registered as a trade mark agent shall be executed in the form as set out in Form TM-48.
CHAPTER II.-CLASSIFICATION
11. Classification of goods and services.-For the purposes of the registration of a trade mark and of these rules, goods and services shall be classified in the manner specified in the Fourth Schedule, which sets
the current version of
classes of the International Classification of goods and services.
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CHA.PTER III.-APPLICATION FOR REGISTRATION
12.
PUBLISHED BY AUTHORITY