Règlement de 2004 sur les marques de fabrique ou de commerce, Pakistan, WIPO Lex

Texte(s) princip(al)(aux)

Anglais Trade Marks Rules, 2004

Télécharger le PDF open_in_new

PART I
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
PUBLISHED BY AUTHORITY

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

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,

(a) "Advisory Committee" means the Advisory Committee constituted under rule 101;; (b) "Form" means a Form as set out m either the Second or the Third Schedule;
(c): "old law" means the Trade Marks Act, 1940 (V of 1940), and rules made
(d): "Ordinance" means the Trade Marks Ordinance, 2001 (XIX of 2001);
(e): "publish" means published in the Journal;
(f): "Schedule" means the Schedule to these rules;
(g): "section" means section of the Ordinance;; (h) "send", with its grammatical variations, in relation to an act, includes to give; and
(i): "specification" means the designation of goods or services in respect of which a trade mark is registered or proposed to be registered.
(2): The words and expressions used but not defined in these rules shall have the meaning assigned

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.

Forms.-The Forms set out in the Second and the Third Schedules shall be used in all cases to which they are applicable and may be modified as directed by the Registrar to meet the requirements of othercases.
Requirement as to fee.-(1) Any fee to be paid in respect of an application, registration or any other matter under the Ordinance or these rules shall be as specified in the First Schedule.

(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

in respect of any specified matter shall be subject to the payment of the fee, if any, payable in respect of that matter

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.

(2): The address given shall in all cases be as full as possible, for the purpose of enabling any person easily to find the place of trade or business of the person whose address is gi ven.
(3): In the case of body corporate or firm or an association the country of

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

(a): every applicant for the registration of a trade mark;
(b): every person opposing an application for registration of a trade mark;
(c): every applicant applying to the Registrar under section 73 for revocation of the registration of a trade mark, under section 80 for invalidation of the registration of a trade mark, or under section 96 for rectification of the register;
(d): every person granted leave to intervene under rule 67 (the intervener), and
(e): every proprietor of a registered trade mark, which is the subject of any application to the Registrar for the revocation, invalidation or rectification of the registration of the mark.
(2): The address for service of an applicant for registration of a trade mark shall upon registration of the mark be deemed to be the address for service of the registered proprietor, subject to any filing to the contrary under paragraph (1) above or under rule 70 .
(3): In any case in which an address for service at the same time as the filing of a form required by the Registrar under rule 3 which requires the furnishing of an address for service, the address shall be filed on that form and in any other case it shall be filed on Form TM-SO. All applications on Form TM-50 under this rule shall be signed by the person about to be registered or the registered proprietor or registered licensee, as the case may be, or by an

of such application.

(4): Anything sent to any applicant, opponent, intervener or registered proprietor at his address for service shall be deemed to be properly sent and the Registrar may, ""here no address for service is filed, treat as the address for service of the person concerned his trade or business address in Pakistan, if any.
(5): An address for service in Pakistan may be filed at any time by; proprietor of a registered trade mark and by any person having a legitimate interest in or consented charge on a registered trade mark.
(6): Where an address for service is not filed as required by sub-rule (1), the Registrar shall send the person concerned notice to file an address for service within two months of the date of the notice and if that person fails to do so
(a): in the case of an application as is referred to in clause (a) or (c) of sub-rule (1), the application shall be treated as abandoned.
(b): in the case of a person as is referred to in clause (b) or (d) of sub-rule (1), he shall be deemed to have withdrawn from the proceedings; and
(c): in the case of the proprietor referred to in clause (e), he shall not be permitted to take part in any proceeding.

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.

Page 6

CHA.PTER III.-APPLICATION FOR REGISTRATION

12. Form and signing of application.-(1) An application to the Registrar for the registration of a trade mark shall be signed by the applicant or his agent and shall be subject to the pay ment of the application fee.

(2): An application to register a trade mark for specification of goods or services included in any one class shall be made in the form as set out in Form TM-1.
(3): An application to register a trade mark under section 25 for the specification of goods or services included in any one class from a convention country shall be made in the form as set out in Form TM-2.
(4): An application under sub-section (1) of section 26 for protection of trade mark during exhibition shall be made in the form as set out in Form TM-2.
(5): An application to register a textile trade mark, other than a collective mark or a certification trade mark, consisting exclusively of numerals or letters or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule under rule 98 shall be made in the form as set out in Form TM-53.
(6): An application for registration of a textile mark, other than a collective mark or a certification mark, consisting exclusively of numerals or letters or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule under rule 98 fro m a conventi6n country under section 25 shall be made in the form as set out in Form TM-54.
(7): An application under clause (5) of the First Schedule to the Ordinance to register a collective trade mark for a specification of goods or services in any one class shall be made in the form as set out in Form TM-3.
(8): An application under clause (5) of the First Schedule to the Ordinance to register a collective trade mark for a specification of goods or services from a convention country under section 25 shall be made in the form as set out in Form TM-51.
(9): An application under clause (6) of the Second Schedule to the Ordinance to register a certification trade mark for a specification of goods or services included in any one class shall be made in the form as set out in Form TM-4.

(l0) An application under clause (6) of the Second Schedule to the Ordinance to register a certification trade mark for, a specification of goods or services from a convention country under section 25 shall be made in the form as set out in Form TM-52.

(11): An application under; Third Schedule to the Ordinance to register a domain name for a specification of goods or services included in anyone class shall be made in the form as set out in Form TM-l.

13. Application to be confined to one class.-Every application for the registration of a trade mark shall be in respect of goods or services in one class only of the Fourth Schedule.

1-1-. Separate application.-An application for the registration of the same trade mark in different classes shall be treated as separate and distinct applications, and in all cases where a trade mark is registered under the same official number for goods or

whether on conversion of the specification under rule 71 or services included in each separate be a separate registration for all the purposes of the Ordinance.

15. Claim of priority.-(1) Where a right to priority is claimed by reason ot an application for protection of a

mark duly filed in a convention country under section 25 particulars of that claim shall be included in the application for registration under rule 12 and, where no certificate as is referred to in sub-rule (2) is filed with the application, such particulars shall include the country or countries and the date or dates of filing.

(2): Unless it has been filed at the time Of filing of an application for registration, there shall be filed, within three months of filing of the application under rule 12, a certificate by the registering or other competent authority of that country certifying, or verifying to the satisfaction of the Registrar, the date of filing of the application, the country or registering or competent authority, the representation of the mark, and the goods or services covered by the application.
(3): The application relied upon under sub-rule (1) must be the first application of an applicant in a convention country for the same mark and for the same goods or services. The application must include a statement indicating the filing date of the foreign application relied upon, the convention country where it was filed, the serial number, if available, or statement indicating that priority is claimed.

Statement of use^rin application.-An application to register a trade mark shall contain a statement of the period during which, and the person by whom, it has been used in respect of the goods or services mentioned in the application. The Registrar may require the applicant to file an affidavit testifying to such user with exhibits showing the mark as used.
Representation of marks.-(1) Every application for the registration of trade mark, and where additional copies of the application are required, every such copy shall contain a representation of the mark in the space provided on the application form for that purpose.

(2) Where the representation exceeds such space in size, the representation shall be mounted upon linen, tracing cloth or such other material as the Registrar may consider suitable. Part of the mounting shall be affixed in the space aforesaid and the rest may be folded.

18. Additional representations.-Every application for the registration of a trade mark shall, except as hereinafter provided, be made in duplicate and shall be accompanied by six additional representations

of the mark on the application and its duplicate and the additional representations shall correspond exactly with the other. The additional representations shall in all cases be noted with all such particulars as may from time to time be required by the Registrar. Such particulars shall, if required, be signed by the applicant.

19. Representation to be durable.-All representations of trade marks must be of a durable nature and each additional representation required to be filed with an application for registration shall be mounted on a sheet of strong paper of the size of

inches, leaving a margin of not less than one inch and-a-half on the left hand part of the sheet.

approximately thirteen inches by

Specimens of the mark in exceptional cases.-Where a representation of a trade mark cannot be given in the manner set forth in rule 19, a specimen or copy of the trade mark may be sent either of full size or on a reduced scale, and in such form as the Registrar may think most convenient.
Series of trade marks.-Where an application is made for the registration of a series of trade marks under sub-section (3) of section 20, copies of representations of each trade mark of the series shall accompany the application in the manner set forth in rules 17 and 18.

22. Transliteration.-Where a trade mark contains a word or words in characters other than Roman, there shall, unless the Registrar otherwise directs, be endorsed on the application form, and on each of the accompanying representations, a sufficient transliteration to the satisfaction of the Registrar of each of such words, and every such endorsement shall state the language to which the word belongs and shall be

signed by the applicant.

23. Translation.-Where a trade mark contains a word or words in a language other than English, the Registrar may ask for an exact translation thereof together with the name of the language, and such translation and name, if he so requires, shall be endorsed and signed as aforesaid.

24. Acknowledgement of receipt of application.-Every application for the

2S. Deficiencies in application.-Where an application for registration of a trade mark does not satisfy the requirements of sub-section (2),(3) or (S) of section 22 or rule

13, the Registrar shall send notice thereof to the applicant to remedy the deficiencies or, in the case of sub-section (S) of section 22, the default of payment and if within two months of the date of the notice the applicant

(a): fails to remedy any deficiencies notified to him in respect of sub-section(2) of section 22, the application shall be deemed never to have been made; or; (b) fails to remedy any deficiency notified to him in respect of sub-section(3) of section 22 or rule 12 or 13 or fails to make as required by subsection(S) of section 22, the application shall be treated as abandoned.

26. Search.-Upon receipt of an application for the registration of a trade mark in respect of any goods or services and upon satisfying the requirements of sub section

in respect of same goods or services or same description of goods or services any marks identical with the mark sought to be registered or so nearly resembling it as to render it likely to deceive or cause confusion and the Registrar may cause the search to be renewed at any time before the acceptance of the application, but shall not be bound to do so.

27. Objection to acceptance-hearing.-(1) If, on consideration of an application, and on any evidence of use or of distinctiveness or of any other matter which the applicant may or may be required to furnish the Registrar has any objection to the

acceptance of the application or proposes to accept it subject to such conditions, amendments, disclaimers, modifications or limitations as he may think right to impose, the Registrar shall communicate such objection or proposal in writing to the applicant.

(2) Unless within two months from the date of communication specified in subrule (I), the applicant alters his application according to the proposal aforesaid or makes

or applies for a hearing or fails to attend hearing, the application shall be

(3) An application which is treated as abandoned under sub-rule(2), clause(b) of rule 2S or sub-section (S) of section 33 may be restored to the file on sufficient cause being shown to the satisfaction of the Registrar and on an application to that effect being

28. Decision of Registrar.-(1) The decision of the Registrar under section 27 after a hearing or hearing if the applicant has duly communicated his observations in \vriting and has stated that he does not desire to be heard, shall be communicated in writing, and if the applicant intends to appeal from such decision he may within one month from the date of communication apply in the form as set out in Form TM-15 to the Registrar requiring him to state in writing the grounds of, and the materials used by him in arriving at his decision.

(2): In a case where the Registrar makes any requirements to which the applicant does not object, the applicant shall comply therewith before the Registrar issues a statement in writing under sub-rule (1).
(3): The date when such statement is sent shall be deemed to be the date of the Registrar' s decision for the purpose of appeal.

CHAPTER IV.-ADVERTISEMENT OF APPLICATION

29. Manner of advertisement.-(1) An Application for the registration of a trade mark required or permitted to be advertised by sub-section (1) of section 28 shall be advertised in the Journal during such time and in such manner as the Registrar may direct. The advertisement should contain the following particulars, namely:

(a)	Specimen of the trade mark;
(b)	application number;
(c)	the class number of the goods or servic					es in	respect of		which registration
	of the trade mark is sought;
(d)	description of goods or services for				which th		e registration is sought;
(e)	the name and address of applicant:
(f)	the date of filing the application;
(g)	the agent' s	name	and address	(in	case	the	application,	on	behalf of the
	applicant, is made by his agent);
(h)	description of limitations, conditions and disclaimers imposed;

(1) of section 28. _U) particulars of any claim for a right of priority for the application;

(k) in case application has been accepted by consent the words "B y consent" shall appear in the advertisement;

if no representation of the trade mark be included in the advertisement of the application. the place or places where a specimen or representation of the trade mark may be inspected should be mentioned in the advertisement; and

(m) in case application has been accepted in series the words "in series" should

(2) For the purpose of in the Journal,

the applicant may within two months supply or be required to supply "film positives" of the trade mark satisfactory to the Registrar or shall supply such information or other means of advertising the trade mark as may be re quired by the Registrar. Any "film positives" so sent to

Registrar shall be retained by the Trade Marks Registry.

30. Opposition proceedings.-(1) Notice of opposition to the registration of a

in the form as set out in Form TM-5 in duplicate

trade mark shall be sent to the

within two months from the date of the advertisement or re-advertisement or within such further period not exceeding two months in the aggregate as the Registrar may allow, and shall include a statement of the grounds of opposition. The Registrar shall send a copy of the grounds of the notice and the statement to the applicant.

(2) Within one month from the receipt by the applicant of such copy of the notice of opposition or within such further period not exceeding two months in aggregate as the Registrar may allow, the applicant shall send to the Registrar a counter-statement in the form as set out in Form TM-6 in duplicate, and if he does not do so he shall be deemed to have abandoned his application. The Registrar shall send a copy of counter

statement in the form as set out in Form TM-6 to opponent.

(3): Within one month from the receipt by the opponent of a copy of counterstatement or within such further period not exceeding two months in aggregate as the Registrar may allow, the opponent may file a rejoinder.
(4): If the opponent files a rejoinder, the Registrar shall send a copy of the same

such further period as the Registrar may allow, the person opposing the application shall file such evidence by way of declaration or affidavit, as he may consider necessary to adduce in support of his opposition and shall send a copy thereof to the applicant.

(6): If the person opposing the registration files no evidence under sub-rule 5, he shall be deemed to have abandoned his opposition.
(7): With two months from the receipt of a copy of opponent's evidence or within such further period as the Registrar may allow, the applicant shall file such evidence by way of a statutory declaration or affidavit as he may consider necessary to adduce in support of his application and shall send a copy thereof to the opponent.
(8): Within .. one month of the date on which a copy of the applicant's evidence is sent to him or within such further period as the Registrar may allow, the person opposing the application may file evidence in reply by way of statutory declaration or affidavit
(10): Where there are exhibits to affidavits filed in an opposition, copies or impressions of such exhibits shall be sent to the other party on his request and at his expense, or, if such copies or impressions cannot conveniently be furnished, the originals shall be left with the Registrar in order that they may be open to inspection. The original exhibits shall be produced at the hearing unless the Registrar otherwise directs.

Where any document or exhibit is in a language other than English is referred in the notice of opposition, counter-statement or an affidavit filed lD an opposition, an attested translation thereof in English shall be furnished in duplicate.

Page 11

(12) Upon completion of evidence, if any, the Registrar shall give notice to the _partiesof a date when he will hear the arguments in the case. Such appointment shall be _fora date at least one month after the date of the notice, unless the parties consent to a

shorter notice. Within fourteen days from the receipt of the notice, any party who intends to appear shall so notify the Registrar in the form as set out in Form TMc7. Any party who does not so notify the Registrar within the time last aforesaid may be treated as not

desiring to be heard and the Registrar may act accordingly.

31. Decision of the Registrar to be notified: (1) The decision of the Registrar shall be notified in writing to the person opposing the application and the applicant.

(2) For the purpose of any appeal agair:st the Registrar's decision the date of the decision shall be the date when notice of the decision is sent under sub-rule Cl)·

CHAPTER V,-NOTICE OF NON-COMPLETION OF REGISTRATION

32. Procedure for giving notice.- The which the Registrar is required by sub-section (5) of section 33, to give to an shall be sent to the applicant at his trade or business address or address for service in the form as set out in Form 0-1, but if the applicant has authorized an agent for the purpose of the application, the notice shall be sent to the agent and a duplicate thereof to the applicant. The notice shall specify twenty-one days time from the date thereof or such further time as the Registrar may allow, for completion of the registration.

CHAPTER VI.-REGISTRA TION

Registration.-As soon as may be after the expiration o'f two months from the date of the advertisement in the Journal of any application for the registration of a trade mark the Registrar shall, subject to any opposition and the determination thereof, and to the provisions of sub-section (1) of section 33 and upon payment of the prescribed fee, in the form as set out in Form TM -11, within two months from the date of receipt of the requisite information in the form as set out in Form TM-ll, enter the trade mark in the register.
Entry in the register;-In addition to the entries in the Register required to be made by sub-section (1) of section 10 there shall be entered in the Register in respect of each trade mark registered therein the following particulars, namely;-

_Ca_₎the date of registration as determined in accordance with section 23 (that is to say, the date of the filing of the application for registration);

(b) the actual date of registration (that is to say, the date of the entry in the Register);

(d)	the priority date, if any, to be accorded pursuant to claim to priority made under section 25;	a	right to
(d)	the name and address of the proprietor;
(e)	the address for service as furnished pursuant to rule 9;
(f)	any disclaimer or limitation of rights under section 21 ;
(g)	any memorandum or statement of the effect of any memorandum relating to a trade mark of which the Registrar has been notified in the form as set out in Form T'M-37;

(h): the goods or services in respect of which the mark is registered;
(i): where the mark is a collective or certification mark, that fact; and; where the mark is registered pursuant to sub-section (5) of section 17 with the consent of the proprietor of an earlier

mark or earlier right, that fact.

35. Death of applicant before registration . ...:. In case of death of any applicant for the registration of a trade mark after the date of his application and before the trade mark has been entered in the Register, the Registrar may, on proof of the applicant's death and of the title of another person

the ownership of the trade mark being furnished to him within ninety days enter in the Register the name, address and description of that person as the proprietor of the trade mark.

36. Amendment of application.-A request for an amendment of an application to correct an error or to change the name or address of the applicant or in respect of any amendment requested before or after publication of the application shall be made in the form as set out in Form TM-16.
37. Amendment of application after publication.-(1) Where, pursuant to sub section(7) of section 27, a request is made for amendment of any application which has been published and the amendment affects the representation of the trade mark or the goods or services covered by the application, the amendment or a statement of the effect of the amendment shall also be published.

(2) Notice of opposition to the amendment shall be sent to the Registrar in the form as set out in Form TM-5 within two month of the date on which the application as amended was published under sub-rule (1), and shall include a statement of the grounds

of objection and, in particular, how the amendments would be contrary to sub section (7) of section 27.

(3) The provisions of rule 30 shall apply to proceedings relating to the opposition to the amendment of the application as they apply to proceedings relating to opposition to the registration of a trade mark.

38. Registration of a series of trade mark.- The proprietor of a seri'es of trade marks may apply to the Registrar for their registration as a series in a single registration and there shall be included in such application a representation of each mark claimed to

be in the series, and the

shall, if satisfied that the marks constitute a series,

accept the application.

CHAPTER VII.-COLLECTIVE MARKS

39. Application for registration and proceedings relating thereto.-(1) An Application for the registration of a collective mark for goods or services shall be made to the Registrar in the form as set out in Form TM-3 or TM-51, as the case may be, in triplicate and shall be accompanied by six additional representations of the mark. The draft regulation to be forwarded with the application under paragraph 5 of the First Schedule to the Ordinance shall be in triplicate and shall be accompanied by the requisite information in the form as set out in Form TM-49.

(2): lill applicant applying for the registration of a collective mark shall not be deemed to have abandoned his application, if in the circumstances of sub-rule(2) rule 27 he does not apply for a hearing or reply in writing.
(3): The regulations governing

mark shall specify, inter alia, the

following, namely:

(a): the name of the association of persons and their respective office address;
(b): the object of the association;
(c): the details of members;
(d): the conditions for membership and relation of each member with the group;
(e): the persons authorized to use the mark and the nature of control the applicant exercise over the use of the collective mark;
(t): the conditions governing use of the collective mark, including sanctions;
(g): the procedure for dealing with appeals against the use of the collective mark; and
(h): such other particulars as may be called for by the Registrar.
(4): The applicant shall submit to the Registrar along with his application a statement of case setting but the grounds on which he relies in support of his application. Such case shall be furnished in triplicate.; (5) The Registrar shall cause an app lication for the registration of a collective mark to be examined, in the first instance, as to whether it satisfies the requirement of the Ordinance and the rules and issue a report to the applicant.
(6): The Registrar shall not refuse an application for the registration of a collective mark or accept the application subject to any conditions or limitations or impose amendments or modification to the application or to the

without giving to the applicant an opportunity of being heard.

40. Opposition to reg istration of collective marks.-(1) On acceptance of an

application the Registrar shall cause the application be advertised in the Journal and the provisions of sub-rules(l) to (12) of rule 30 shall apply in relation to an application for the registration of a trade mark.

(2) In any case of doubt with regard to proceedings on the opposition to the registration of a collective mark any party may apply to the Registrar for directions.

Amendment of re_gulation relating to collective marks and renewal.-(1) An application by the registered proprietor of a collective mark for any amendment or alteration to the regulation shall be made in the form as set out in Form TM-42, and where the Registrar accepts any such amendment or alteration he shall advertise such application in the Journal and further proceedings in the matter shall be governed by subrules(l) to (12) of rule 30.
rule 50 to 53 shall apply mutatis mutandis in respect of such request for renewal.

Rectification of collective mark.-An application for cancellation of a collective mark including on any of the grounds mentioned in paragraph 13 of the First

Ordinance shall be made in the form as set out in Form TM-43 and shall set forth particulars of the grounds on which the application is made. The provisions of sub-rules(2) to (12) of rule 30 shall apply mutatis mutandis for

Schedule to

proceeding in the matter.

CH.APTER VIII.-CERTIFICATION TRADE MARKS

43. Application for registration and proceedings thereto .-(1) An application

for the registration of a certification trade mark shall be made to the Registrar in the form as set out in Form TM-4 or Form TM-52, in triplicate, and shall be accompanied by six additional representation of the mark. The draft regulations to be forwarded with the application under paragraph 6 of the Second Schedule to the Ordinance shall be in

(2) An applicant applying for the registration of a certification trade mark shall not be deemed to have abandoned his application if, in the circumstances specified in sub-rule(2) of rule 27 he does not apply for a hearing or reply in writing.

(3) The regulation governing a certification trade marks shall specify, inter alia. the following, namely:

(a) The description of the applicant;

(b) the nature of the applicant's business;

(c): the particulars of technical manpower support.
(d): the applicant's competence to administer the certification scheme.

(e) the applicant's financial arrangement;

(f): an undertaking from the applicant that there will be no discrimination of any party if they meet the requirements set down in the regulation;
(g): the characteristic the mark will indicate in the certified goods or in relation to the rendering of certified services;
(h): the manner of monitoring the use of the mark in Pakistan; and
(i): such other particulars as may be called for by the Registrar.
(4): The applicant shall forward a statement of case to the Registrar with an application setting out the grounds in which he relies in support of the application. Such

trade mark to be examined in the first instance as to whether it satisfies the requirement of the Ordinance and the rules and issue a report to the applicant.

(6) The Registrar shall not refuse an application for registration of a certification trade mark or accept the application subject to any conditions or limitations or impose amendments or modifications to the application or to the regulations without giving to the applicant an opportunity of being heard.

44. Opposition to registration of certification trade mark and renewal.-(1)

On acceptance of an application the Registrar shall cause the application to be advertised in the Journal and the provisions of sub-rules (1) to (12) of rules 30 shall apply mutatis mutandis as they apply in to an application for the registration of a trade mark.

(2): In case of doubt with regard to the proceedings on the opposition to the registration of a certification trade mark any party may apply to the Registrar for directions.
(3): A certification trade mark may be renewed from time to time and the provisions of rule 50 to 53 shall apply mutatis mutandis in respect of such request for renewal.

lP/NI lIP AKlV2 Page 15

Rectification of certification trade mark.-An application for cancellation or variation of registration of a certification trade mark on any of the grounds mentioned in paragraphs 15 and 16 of the Second Schedule to the Ordinance shall be made in the form as set out in Form TM-43 and shall set forth particulars of the grounds on which the application is made. The provisions of sub-rules (:2) to (12) of rule 30 shall apply mutatis mutandis to further proceedings in the matter.
Alteration of deposited regulations and consent of the Registrar for assignment or transmission of certification trade marks.-(1) An application by the registered proprietor of a certification trade mark under paragraph 11 of the Second Schedule to the Ordinance to alter the deposited regulation shall be made in the form as set out in Form TM-42 and where the Registrar decides to permit such alteration it shall be advertised in the Journal and further proceedings in the matter shall be governed by sub-rules(l) to (12) of rule 30.

(2) An application for the consent of the Registrar to the assignment and

of a certification trade mark under paragraph 12 of the Second Schedule to the Ordinance shall be made in the form as set out in Form TM-22.

47. Registration subject to disclaimer or limitation.-Where the applicant for registration of a trade mark or the proprietor by notice in writing sent to the Registrar -

Ca)	disclaims any right to the exclusive use of any specified element of the
	trade mark; or
Cb)	agrees that the rights conferred by the registration shall be subj ect to a

specified territorial or other limitation,

the Registrar shall make the appropriate entry in the Register and publish such disclaimer or limitation.

48. Certificate of registration.-The certificate of registration of a trade mark to be issued by the Registrar under sub-section (4) of section 33 shall be in the form as set out in Form 0-2 with such modifications as the circumstances of any case may require, and the Registrar shall annex a copy of the trade mark to the certificate.

CHAPTER IX.-DIVISIONAL APPLICATION

49. Divisional application.-An application under section 32 shall be made in the form as set out in Form TM 14 and shall include a statement of the grounds of the application.

CHAPTER X.-RENEWAL AND RESTORATION

50. Reminder of renewal of registration.-At any time not earlier than six months nor later than one month before the expiration of the last registration of a trade mark, the Registrar shall (except where renewal has already been effected under rule 51) send to the registered proprietor a notice in the form as set out in Form 0-3 of the

approaching expiration and inform him at the same time that the

may be

renewed in the manner described in rule 51

51 . Renewal of registration.-Renewal of registration shall be effected by filing a request for renewal in the form as set out in Form TM-12 along w ith the prescribed fee at any time within the period of six months ending on the date of expiration of the registration.

52. Advertisement of non-payment.-(1) If at the expiration of the last registration of a trade mark the renewal fee has not paid, the Registrar shall

advertise the fact forthwith in the Journal and if within six months of that advertisement the renewal fee along with a request for renewal in the form as set out in Form TM-12 and together with the prescribed additional fee. is received, he shall renew the registration without removing from the Register.

(2) Where no request for renewal is filed as Regist rar shall, subject to rule 53 , remove the mark from the Register.

be renewed on payment of

(a): the renewal fee within six months after the actual date of registration; or
(b): the renewal fee and additional renewal fee within the period commencing on the date six months after the actual date of registration, that is to say, at the end of the period referred to in clause (a) and ending on the date six months after the due date of renewal.
(4): Where the fees referred to in clause (b) of sub-rule(3) are not paid within the period specified in that clause the Registrar shall, subject to rule 53, remove the mark from the Register.
(5): Where, in the case of a mark the registration of which, by reference to the date of application for registration, become due for renewal, the mark is registered after the date of renewal, the registration may be renewed on payment of the renewal fee within six months of the actual date of registration; and where the renewal fee is not paid within that period the Registrar shall, subject to rule 53, remove the mark from the Register.
(6): The removal of the registration of a trade mark shall be published.

of rule 51, he may, upon a request filed in the form as set out in Form TM-13 within six months of the date of the removal of the mark accompanied by the appropriate renewal fee and appropriate restoration fee, restore the mark to the Register and renew its

54. Alteration of registered trade mark.-(1) The proprietor may request the Registrar in the form as set out in Form TM-38 for such alteration of his registered mark as is permitted under section 37; and the Registrar may require such evidence by statutory declaration or affidavit or otherwise as to the circumstances in which the application is made. The proprietor shall furnish six copies of the mark as it will appear when so added to or altered.

Where, upon the request of the proprietor, the

proposes to allow such alteration, he shall publish the mark as altered. The proprietor shall supply "film of the mark so altered or added to for advertising in the Journal.

(3) Any person claiming to be affected by the alteration may within three months of the date of publication of the alteration under sub-rule(2) send a notice in the form as set out in Form TM-39, in duplicate, to the Registrar of opposition to the alteration and shall include a statement of the grounds of opposition; the Registrar shall send a copy of the notice and the statement to the proprietor and thereafter the procedure specified in rule 30 shall apply to the proceedings as they apply to proceedings relating to

to an application for registration.

55. Surrender of registered trade mark.-(1) Subject to sub-rule (2), the proprietor may surrender a registered trade mark, by sending notice to the Registrar

as set out in Form TM-35 in respect of all the goods or services for which it is registered; or

(a) in

(b) in form as set out in Form TM-36 in respect only of those goods or services specified by him in the notice.
(2): A notice under sub-rule (1) shall be of no effect unless the proprietor in that notice
(a): gives the name and address of any person having a registered interest in the mark by virtue of registerable transaction as specified in sub-section
(3): The Registrar shall, upon the surrender taking effect, make the appropriate entry in the Register and publish the same.

CHAPTER XI.-ASSIGNMENT AND TRANSMISSION

56. Application for entry of assignment or transmission.-(1) An application to register the title of a person who becomes entitled by assignment or transmission to a registered trade mark shall be made in the form as set out in Form TM-24 or Form TM

23 by such person alone or jointly with the registered proprietor.

(2): An application under sub-rule( 1) shall contain full particulars of the instrument, if any, under which the applicant, or, in the case of a joint application, the person other than the registered proprietor claims to be entitled to the trade mark and such instrument or a duly certified copy thereof shall be produced at the Trade Marks Registry for inspection at the time of application. The Registrar may require and retain an attested copy of any instrument produced for inspection in proof of title, but such copy shall not be open to public inspection.
(3): Where a person applying under sub-rule(l) for registration of his title does not establish his claim under any document or instrument which is capable in itself of

furnishing proof of his title, he shall, unless the

otherwise directs, either upon or with the application, state a case setting forth the full particulars of the facts upon which his claim to be proprietor of the trade mark is based and showing that the trade mark has been assigned or transmitted to him. If the Registrar so requires, the case shall be verified by an affidavit in the form as set out in Form TM-18.

(4) The Registrar may call upon any person who applies to be registered as proprietor of a registered trade mark to furnish such proof or additional proof or" title as he may require for his

transmission except on production of the permission of the authority specified in such law for such transmission.

58. Application for Registrar's direction as to advertisement of an assignment of a trade mark without goodwill of the business.-(1) Any person who desires registration of a assignment or transmission of a trade mark under sub-rule(l) of rule 56 without goodwill of the business under sub-section(2) of section 69 shall make an application in the form as set out in Form TM-20, and shall state the date on which the assignment was made. The applicant shall give particulars of the registration in the case of a registered trade mark, and in the case of an unregistered trade mark shall show the mark and give particulars including user of the registered as well as of the unregistered trade mark that has been assigned therewith. The Registrar may call for any evidence or further information and if he is satisfied with regard to the various matters he shall issue directions in writing with respect to the advertisement of the assignment.

(2) The Registrar may refuse to consider an application referred to in subrule(l), in a case to which sub-section(3) of section 69 applies unless his approval has been obtained under the rule 61 and a reference identifying the Registrar's notification of approval included in the application.

(3 ) A request for an extension of the period within which the application referred to in sub-rule (1) may be made shall be in the form as set out in Form TM-21, and may be made at any time before or during the period for which extension can be allowed. The extension of the period which the Registrar may allow shall not exceed three months.

59. Application for entry of assignment :without goodwilI.-An application under sub-rule(1) of rule 56 relating to an assignment of a trade mark in respect of any goods or services shall state

(a) whether the trade mark has been or was used in the business in any of those goods or services;
(b): whether the assignment was made otherwise than in connection with the goodwill of that business; and

in case both the circumstances referred to in clauses (a) and (b) exist, then the applicant shall leave at the Trade Marks Registry a copy of the directions to advertise the assignment, obtained upon application under rule 58 and such proof, including copies of advertisement or otherwise, as the Registrar may require, to show that the directions have been fulfilled and if the Registrar is not satisfied that the directions have been fulfilled he shall not proceed with the application.

60. Separate registration.-Where pursuant to an application under sub-rule(l) of rule 56 and as a result of a division and separation of the goods or services of a registration or a division and separation of places of markets, different persons become registered separately under the same registration number as subsequent pronrietors of a

trade mark, each of the resulting separate registrations in the names of those different persons shall be deemed to be a separate registration for all the purposes of the Ordinance.

61. Registrar's approval as to certain assignments and transmission. Any person who desires registration of assignment or transmission under sub-rule(l) of rule S6 relating to an assignment of a trade mark under sub-section(3) of section 69 shall obtain registrar's approval and shall send to the Registrar with his application in the form as set out in Form TM-17 or Form TM-19, as the case may be, a statement of case in duplicate setting out the circumstances and a copy of any instrument or proposed

effecting the assignment or transmission. The Registrar may call for any evidence or further information that he may consider necessary and the statement of case shall be amended if required to include all the relevant circumstances and shall if required, be verified by an affidavit. The Registrar, after hearing, if so required, the applicant and any other person whom the Registrar may consider to be interested in the transfer shall consider the matter and issue a certificate thereon or a notification in writing of approval or disapproval thereof, as the case may be, to the applicant and shall also inform such other person accordingly. 'Nhere a statement of case is amended, two copies thereof in its final form shall be left at the Trade Marks Registry. The Registrar shall seal a copy of the statement of case in its final form to the certificate or notification.

Registration of assignment to a company.-For the purposes of subsection (4) of section 72, the period within which a company may be registered as the subsequent proprietor of a registered trade mark, upon application made under subrule(l) ofrule S6 shall be six months from the date of advertisement in the Journal of the registration ·of the trade mark or such further period not exceeding six months as the Registrar may allow, on application being made in the form as set out in Form TM-2S by the applicant for registration of title or the registered proprietor, as the case may be, at any time before or during the period, for which the extension can be allowed.
Application for entry of Iicense.-(1) An Application to the Registrar for the registration under clause(b) of sub-section(2) of section 70 read with sections 7S and 76 of a person as registered licensee of a registered trade mark shall be made by that person and the registered proprietor in the form as set out in Form TM-28.

(2) The entry of a registered licensee in the Register shall contain the following particulars, namely:

(a)	Registration number and class;
(b)	name and address of registered proprietor,
(c)	name and address of registered licensee;
(d)	goods in respect of which licensee is registered;
(e)	address for service;
(f)	whether licensee is exclusive licensee or non-exclusive;
(g)	whether permitted use is to be for	a	specific period	or	without limit of
	period;
(h)	any conditions or restrictions proposed with respect to the charactenstlcs
	of the goods, to the mode or place of permitted use, or to any other matter;
	and

of relationship, existing or proposed, between the proprietor

and the proposed registered licensee, including particulars showing the degree of control by the proprietor over the permitted use which their relationship will confer.

64. Registered proprietor's application to vary entry.-An application by the registered proprietor of a mark for the variation of the registration of a registered

mark under clause (a) of 4) of section 70 shall be made in the form as set out in Form TM-29 and shall be accompanied by a statement of the grounds on which is made and, where the registered licensee in question consents, by the written consent of that registered licensee.

licensee of that

65. Cancellation of the registration of registered licensee.-(1) An application for the cancellation of the registration of a registered licensee under clause (b) of subsection( 4) of section 70 shall be made in the form as set out in Form TM-30 or Form TM31, as may be appropriate, and shall be accompanied by statement of grounds on which it is made.

(2) In case of the registration of a registered licensee for a period, in accordance with clause(i) of sub-section( 4) of section 70, the Registrar shall cancel the entry of the registered licensee at the end of that period. Where some or all of the goods are omitted from those in respect of which a trade mark is registered, the Registrar shall at the same time omit them from those specifications of registered licensee of the trade mark in which they are comprised. The Registrar shall notify every cancellation or omission under this sub-rule to the registered licensee or licensees whose· permitted use is affected thereby and to the registered proprietor of the trade mark.

66. Notification and hearing.-The Registrar shall notify in writing applications under clause(b) of sub-section( 4) of section 70 to the registered proprietor and each registered licensee (not being the applicant) under the registration of the trade mark. Any person so notified who intends to intervene in the proceedings, shall within one month of the receipt of such notification give notice to the Registrar in the form as set out in Form TM-32 to that effect and shall send therewith a statement of the grounds of his intervention. The Registrar shall thereupon

or cause to be served copies of such notice and statement on the other parties, viz., the applicant, the registered proprietor, the registered licensee whose registration is in suit, and any other registered licensee who intervenes. Any such party may, within such time or times as the Registrar may appoint, leave evidence in support of his case, and the Registrar after giving party an opportunity of being heard may accept or refuse the application or accept it subject to any conditions, amendments, modifications or limitations he may think right to impose.

67. Registered licensee's application.-An application under sub-section (4) of section 96 shall be made in the form as set out in Form TM-16 or Form TM-33 or Form TM-34, as may be appropriate, by a registered licensee of a trade mark or by such person

as may notify the Registrar that he is entitled to act in the name of a registered licensee and the Registrar may require such evidence by affidavit or otherwise as he may think fit as to the circumstances in which the application is made.

68. Revocation, invalidation and rectification.-(1) An application to the Registrar for revocation under section 73, or declaration of invalidity under section 80 of the registration of a trade mark or for rectification of an error or omission in the Register under section 96 shall be made in the form as set out in Form TM-26 together with a statement of the grounds on which the application is made. Where the application is made by a person other than the proprietor of the registered trade mark, the application and the statement of the grounds aforesaid shall be left at the Registry, in duplicate. The duplicate copies shall be transmitted forthwith by the Registrar to the registered proprietor.

(2) Upon an application referred to in sub rule (1) being made and copies thereof being transmitted to the registered proprietor, if necessary, the provisions of sub-rules(2) to (12) of rule 30 shall apply mutatis mutandis to the further proceedings on the application but the Registrar shall not rectify the Register merely because the registered proprietor has not filed a counter-statement, save that, in case of an application for

revocation on the grounds of non-use under clause(a) or (b) of sub-section(l) of section 73, the application shall be granted where no counter-statement is filed.

69. Intervention by third parties.-(1) Any person, other than the registered proprietor, alleging interest in a registered trade mark in respect of which an application is made under rule 68 may apply in the form as set out in Form TM-27 for leave intervene, stating

nature of his interest, and the Registrar may refuse or grant such leave after hearing, if so required, the parties concerned, upon such conditions and terms as he may deem fit.

(2): Any person granted leave to intervene, hereinafter referred as the intervener, shalL subject to the terms and conditions imposed in respect of the intervention, be treated as a party for the purposes of the application of the provisions of rule 30 to the proceedings on an application under this rule.
(3): Where the Registrar has made a decision on the application following any opposition, intervention or proceedings held in accordance with this rule, he shall send the applicant, the person opposing the application and the intervener, if any, written notice of it, stating the reason for his decision; and for the purposes of any appeal against the Registrar's decision the date when the notice of the decision is sent shall be taken to be the date of the decision.

70. Change of name, address or address for service.-(1) The Registrar shall, on a request made in the form as set out in Form TM-33 or Form TM-34, as may be appropriate, by the proprietor of a registered trade mark or a licensee or any person having interest in or charge on a registered trade mark which has been registered under rule S6 or 62, enter any change in his name or address as recorded in the Register.

(2) The Registrar may at any time, on a request made in the form as set out in Form TM-SO by any person who has furnished an address for service under rule 9, if the address is recorded in the Register, change it.

CHAPTER XII.-RE-CLASSIFICA TION OF GOODS AND SERVICES IN
RESPECT OF EXISTING REGISTRATION

71. Re-classification in respect of existing registration.-(1) On the classification set forth in the Fourth Schedule, the registered proprietor of a trade mark may apply to the Registrar in the form as set out in Form TM-40 for the conversion of the specification relating to the trade mark, so as to bring that specification into conformity with the specification as set forth in the

Schedule. The application shall include a request for the like conversion of the specification in respect of any registered licensee under that registration, and the registered proprietor shall serve a copy of the application on the registered licensee or licensees of the trade mark, if any.

(2): The Registrar shall, thereupon notify in writing to the registered proprietor and to the registered licensee or licensees, if any, a proposal showing the form which, in the Registrar's view, the amendment of the Register should take in consequence of the proposed conversion. Two or more registrations of a trade mark having the same date and in respect of goods, which fall within the same class under the amended or substituted classification, may be amalgamated upon conversion in accordance with this rule.
(3): The proposal referred to in sub-rule (2) shall be advertised in the Journal.

72. Notice of opposition.-(1) Notice of opposition shall be given in the form as set out in Form TM-4l, in duplicate, within two months from the date of advertisement of the proposal under sub-rule (2) or within such period not exceeding two months in the aggregate and shall be accompanied by a statement, in duplicate, showing how the proposed amendment would contravene the provisions of section 97. Where there are any registered licensees under the registration of trade mark in question such notice and statement shall also be accompanied by as many copies thereof as there are registered licensees. The Registrar shall within two months send a copy each of the notice and the statement the registered proprietor and to each registered licensee, if any, and within two months from the receipt by him of each copies the registered proprietor may send to the Registrar in the form as set out in Form TM-6 a counter-statement, in triplicate, setting fully the grounds on which the opposition is contested. If the registered proprietor sends such counter-statement. the Registrar shall serve a copy thereof on the person giving notice of opposition within two months and the further procedure for the disposal of the opposition shall be regulated by the provisions of sub-rules (3)

(12): of rule 30 mutatis mutandis. In any case of doubt, any party may apply to the Registrar for directions.
(2): If there is no opposition within the time specified in sub-rule (1), or in case

if the conversion of the specification is allowed, the proposal as allowed shall be advertised in the Journal, and all necessary entries shall be made in the Register. The date when such entries are made in the register shall be recorded therein. Any entry

made in the Register in pursuance of this sub-rule shall not affect the date Qf renewal of registration under section 35, which shall be determined in the same manner as above the allowance of the conversion.

73. Request for information.-A request for information relating

an application for registration or to a registered trade mark shall be made in the form as set out in Form TM-45.

74. Information available

before publication.-Before publication of an application for registration the Registrar shall make available for inspection by the public the application and any amendments made to it and any particulars contained in a notice given to the Registrar.

75. Inspection of documents.-(1) Subject to sub-rules(2) and (3), the Registrar shall permit all documents filed or kept at the Registry in relation to a registered mark or, where an application for the registration of a trade mark has been published, in relation to that application, to be inspected.

documents as is mentioned in sub-rule(l) until he has completed any procedure, or the stage in the procedure which is relevant to the document in question, which is required or permitted to carry out under the Ordinance or these rules.

(b): any document prepared in the Registry solely for use therein;
(c): any document sent to the Registry, whether at its request or otherwise, for inspection and subsequent return to the sender;
(d): any request for information under rule 73;
(e): any document issued by the Registry which the Registrar considers should be treated as confidential;
(f): any document in respect of which the Registrar issues directions under rule 76 that it be treated as confidential;
(4): Nothing in sub-rule(l) shall be construed as imposing on the Registrar any duty of making available for public inspection -

Ca) any document or part of a document which in his opinion discharges any person in a way likely to damage him; or

(b): any document filed with or
of the Ordinance.
(5): No appeal shall lie from a decision of the Registrar under sub-rule(4) not to

make any document or part of a document available for public

76. Confidential documents.-(l) Where a document other than a form required by the Registrar and published in accordance with rule 3 is filed at the Registry and the person filing it requests, the time of filing or within fourteen days of the filing, that it or a specified part of it be

as confidential. giving his reasons, the Registrar may directed that it or pan of it, as the case may be, be treated as confidential, and document shall not be open to public inspection while the matter is being determined by the Registrar.

(2): Where such direction has been given and not withdrawn, nothing in this rule shall be taken to authorize or require any person to be allowed to inspect the document or part of; to which the direction relates except by leave of the Registrar.
(3): The Registrar shall not withdraw any direction given under this rule without prior consultation with the person at whose request the direction was given, unless the Registrar is satisfied that such prior consultation is not reasonably practical.; (4) The Registrar may where he considers that any document issued by the Registry should be treated as confidential so direct, and upon

direction that document shall not be open to public inspection except by leave of the Registrar.

(5) Where a direction is given under this r ule for a document to be treated as confidential a record of the fact shall be filed with the document.

77. Decision of Registrar to be taken after hearing.-(1) Without prejudice to any provisions of the Ordinance or these rules requiring the Registrar to hear any party to proceedings under the Ordinance or these rules, or to give such party an opportunity to be heard, the Registrar shalL before taking any decision on any matter under the Ordinance or these rules which is or may be adverse to any party to any proceedings before him, give that party an opportunity to be heard.

(2) The Registrar shall give that party at least ten days' notice of the time when he may be heard unless that

consents to shorter notice.

78. Evidence in proceedings before Registrar .-Evidence in any proceedings

before the Registrar shall be given by affidavit, provided that the Registrar may, if he thinks fit, take oral evidence in lieu of, or in addition to, such evidence by affidavit.

79. Registrar's power to require documents, information or evidence.-At any stage of any proceedings before the Registrar, he may direct that such documents, information or evidence as he may reasonable require shall be filed within such period as he may specify.

80. Extension of time.-(1) The time or periods

(a) speClfied by these rules, other than the times or periods specified by the rules referred to in sub-rule (3); or

(b): specified by the Registrar for doing any act or taking any proceedings, may, at the request of the person or party concerned, be. extended by the Registrar to such further period which shall not exceed three months in aggregate, upon such notice to any other person or party affected and upon such terms as he may direct.
(2): A request for the extension of a period specified by these rules which is filed after an application has been published under rule 29 shall be in the form as set out in Form TM-56 and shall in any other case be on that form if the Registrar so directs.
(3): The rules excepted from sub-rule (1) are sub-rule (6) of rule 9 (failure to file

address for service), rule 25 (deficiencies in application), sub-rule (1) of rule 30 (_time_forfiling notice of

sub-rule(2) of rule 30 (time for filing counter statement), subrule (1) of rule 50 (delayed renewal), rule 52 (restoration of registration) and sub-rule (3) of rule 57 (direction with respect to

of assignment) and rule 62. (registration of assignment to a company under section 72).

(4) Subject to sub-rule (5). a request for extension of time under sub-rule (1) shall be made before the time or period in question has expired.

(5) Where the request for extension

is made after the time has expired, the Registrar may, at his discretion, extend the period or time if he is satisfied with the explanation for the delay in requesting the extension and it appears to him t hat any extension would not

any other person or party affected by it. .

(6) Where the period within which any party to any proceedings before the Registrar may file evidence under these rules is to begin upon the expiry of any period in which any other party may file evidence and that other party notifies the Registrar that he does not wish to file any, or any further evidence the Registrar may direct that the period within which the first mentioned party may file evidence shall begin on such date as may be specified in the direction and shall notify all parties to the dispute of that date.

8l. Correction of irregularities, calculation of times and periods.-(1) Any irregularity in procedure in or before the Registry or the Registrar may be rectified, subject to sub-rule (2), on such terms.as he may direct.

which consists of a failure to comply with any limitation as to times or periods specified in the ordinance, these ules or the old law as that law continues to apply and which has occurred or appears to the Registrar as likely to occur in the absence of a direction under this rule; and

(b) which is attributable wholly or in part to an error, default or omission on the part of the Registry or the Registrar and which it appears to him

should be rectified,

he may direct that the time or period in question shall be extended in such manner as he may specify.

(3) Sub-rule(2) shal1 be without prejudice to the Registrar ' s power to extend any time or periods under rule 80.

82. Costs in uncontested cases.-(1) Where any opposition duly instituted under these rules is not c ontested by the applicant, the Registrar in deciding whether costs should be awarded to the opponent shall consider whether the proceedings might have been avoided if reasonable notice had been given by the opponent to the applicant before the notice of opposition was filed,

anything in sub-rule( l) costs in respect of fees specified under entries 5, 6, 7, 8, 9 & 10 of the First Schedule and of all stamps used on and affixed to affidavits used in the proc eedings shall follow the event.

(2)

(3) Scale of costs: Subj ect to the provisions of sub-rules (1) and (2), in all proceedings before the Registrar the Registrar may, save as otherwise expressly provided by the Ordinance, award such costs, not exceeding the amount admissible therefor under the Sixth Schedule, as he considers reasonable having regard to all

circumstances of

the case.

83. Security for costs.-(l) The security for cost which the Registrar may require any person who is a party to any proceedings before him under the Ordinance or these rules to give in relation to those proce edings, may be fixed at any amount which he

may consider proper, and such amount may be further enhanced by him at any in the proceedings.

(2) In default of the security referred to in sub-rule( l) being given, the Registrar, in the case of the proceedings before him, may treat the party in default as having withdrawn his application, opposition, obj ection or as the case may be.

84. Supply of certified copies, etc. The Registrar shall supply a certified copy of extract, as requested in the form as set out in Form TM-46 of any entry in the Register or any document referred to in sub-section (1) of section 121 or of any decision or order of the Registrar. The purpose for which the certified copy of extract or document is required shall be stated in the form as set out in Form TM-46.

(2): Where a copy of any trade mark has to be included in a certified copy, the Registrar may require the applicant to supply a copy thereof suitable for the purpose, and if the applicant fails to do so, the Registrar shall not be obliged to include a copy of the mark in the certified copy.
(3): Where a or certified copy of extract relating to the registration of a trade mark is desired for use in obtaining registration in any territory outside Pakistan, the Registrar shall include in the certificate or certified copy of extract a copy of the mark and may require the applicant for the certificate or certified copy of extract to furnish him with a copy of the mark suitable for the purpose, and if the applicant fails to do so, the Registrar may refuse to issue the certificate or certified copy of extract.
(4): Where a trade mark is registered without limitation of colour, the copy of the mark to be included in the certified copy of extract, may be either in the colour in which it appears upon the Register or in any other colour or colours. It shall be stated in the certificate or certified copy of extract that the trade mark is registered without limitation

of colours.

85. Time for appeal.-An appeal to the High Court from any decision of the Registrar under the Ordinance or these rules shall be made within two months from the date of such decision or within such further time as the High Court may allow.

CHAPTER XV.-MISCELLANEOUS

86. Certificate of validity to be noted.-Where the court has certified as provided in section 112 with regard to the validity of a registered trade mark, the registered proprietor thereof may request the Registrar in the form as set out in Form TM47 to add to the entry in the Register a note that the certificate of validity has been granted in the course of proceedings, particulars of which shall be given in the request. An officially certified copy of the certificate shall be sent the request, and the

Registrar shall record a note to that effect in the Register and publish the note in the Journal.

87. Request to Registrar for search.-A person may in the form as set out in Form TM-55 request the Registrar to cause a search to be made in respect of specified goods or services classified in any one class of the Fourth Schedule to ascertain whether any mark in the Register or among pending applications for registration resembles a trade

thereof.

Personal Search.-A person may also conduct personal search on payment of the fee in respect of the specified goods or services in any one class of the Fourth Schedule to ascertain whether any mark in the Register or among pending applications for registration resembles a trade mark of which he desires registration.
Distribution of copies of Journal and any other document.-The Federal Government may direct

to distribute the Journal and any

document

which it may consider necessary, to such places as may be fixed by the Federal Government in consultation with the Provincial Governments and notified from time to time in the official Gazette.

90. Applications made to the Court to be served on the Registr ar.-Every application to the High Court under the Ordinance shall be served on the Registrar.
Exercise of discretionary power of Registrar.-The time within which a person entitled under sub-section (2) of section III to an.opportunity of being heard shall exercise his option of requiring to be heard shall, save as otherwise expressly provided in the Ordinance or these rules, be one month from the date of a notice which the Registrar shall give to such person before determining the matter with reference to which such person shall be entitled to be heard, if within that month silch person requires to be heard the Registrar shall appoint a date for the hearing and shall give ten days' notice thereof.
Notification of decision.-The decision of the Registrar in the exercise of any discretionary power given to him, by the Ordinance or these rules shall be notified to

oo .

PARTII

SPECIAL PROVISION FOR TEXTILE MARKS

CHAPTER I.-MISCELLANEOUS

Rules to apply to textile marks.-Subject to the provisions of this Part, the provisions of Part I and Part IV of these rules shall apply to textile marks and certification trade marks in respect of textile goods as they apply to trade marks and certification trade marks in respect of non-textile goods.
94. Textile marks.-The expression "textile mark" means a trade mark or a certification trade mark used or proposed to be used in relation to goods specified in rule 95 as "textile goods" for the purpose of Chapter XI of the Ordinance.
Textile goods.-The classes of goods to which Chapter XI of the Ordinance shall apply and which are in the Ordinance and these rules referred to as textile goods shall be classes 22 to 27, both inclusive, of the Fourth Schedule.
Items of textile goods.-A separate application for the registration of a trade mark shall be made in respect of each of the items of textile goods specified in the Fifth Schedule where the mark consists exclusively of letters or numerals or any combination thereof. Such application shall be made in the form as set out in Form TM-53.
Grouping of items of the Fifth Schedule.-For the purposes of applications for the registration of trade marks consisting exclusively of letters, numerals or any combination thereof, the items of the Fifth Schedule shall be grouped as. follows; and goods falling in each group shall be deemed to be goods of the same description, and goods falling in different groups shall not be deemed to be goods of the same description.

Group 1: Items 1, 4,5, 8, 9, 10, 11, 12, 16, 19, 20, 22, 23, 24, 25,26, 27, 30, 33, 36, 37, 39, 41, 42, 44, 45, 48, 49, 54, 55, 59, 61, 62, 65 and 91. Group 2: Items 2, 3, 14, 17, 18, 34, 35 and 47. Group 3: Items 6, 7, 21, 38 and 52. Group 4: Items 13, 29, 75, 77 and 78 Group 5: Items 15, 28, 31, 40, 60, 66;79, 88, 90 and 93. Group 6: Items 32, 43, 64 and 94. Group 7: Items 46, 83 and 85. Group 8: Items 50, 51, 56, 57, 63, 76, 80, 84, 86, 87 and 89. Group 9: Items 53. Group 10: Items 58, 82 and 92. Group 11: Items 67, 68, 69,70 and 71.

12: Items 72. Group 13: Items 73.

Group 14:

Items 74. Group 15: Items 81.

98. Definitions.- For the purposes of this Chapter, unless there is anything repugnant in the subject or context,

(a) "balanced numeral'.' means a trade mark consisting of either identical numerals or identical letters of not less than three nor more than seven digits;

(b) "digit" includes a single letter; and

99. Non-registrability of certain marks.-(1) Subject to sub-rule (2), in respect

of textile goods the following marks shall not be capable of registration, namely:

(a)

Any numeral of one digit or of more than six digits not being a balanced numeral;

(b): a single letter or any combination of letters of more than six letters not being a balanced numeral;
(c): any combination of numerals and letters of more than eight digits;
(d): any fraction or letter fraction consisting of more than eight digits together;
(e): any fraction or letter fraction having less than three digit together;
(f): any combination of numerals and fractions of more than six digits;

(g): any combination of numerals, letters, fractions and letter fractions either having more than eight digits or ending with a fraction of more than one digit in.the numerator or in the denominator;
(h): numerals or letters representing cloth dimensions; and
(i): a balanced which does not consist of at least two or two less digits than a balanced numeral of the same series already registered in the name of a different person in respect of the same goods or description of goods;
(2): A trade mark shall not be refused registration by virtue of

provisions of

(1) if, before the date of application for regist ration. it has. in fact, acquired character as a result of the use made of it

10 0. Marks likely to deceive or to cause confusion.-(1) A trade mark consisting of numerals, letters, fractions, letter fractions, or any combination thereof, and not being a balanced numeral, shall not be capable of being regist ered as a textile mark if it does not differ from a trade mark registered in the name of a different person in respect of the same goods or description of goods as follows namely:

(a): In the case of numerals not exceeding four digits, in at least one corresporiding digit;
: (b) in the case of numeral of five digits, in atleast two corresponding digits;
(c): in the case of numeral of six digits, in at least three corresponding digits;

. (d) in the case of a combination of two letters, in at least one corresponding letter;

(e) in the case of combination of three or four lt�tters, in at least two corresponding letters;

(f)

(g)

(h)

(i)

numeral digit;

(k): in the case of a fraction or letter fraction or any combination thereof in which the total number of digits in the numerator and denominator is three or four, in at least one corresponding digit from either the numerator or the denominator;
(1): in the case of a fraction or letter fraction or any combination thereof in which the total number of digits in the numerator and denominator is five or more, in at least one corresponding di.git in the numerator and one corresponding digit in the denominator or two corresponding digits in either the numerator or the denominator;
(m): in the case of a combination consisting of a numeral and a fraction in at least one corresponding numeral digit; and
(n): in the case of a combination of letters, numerals, and fraction (including letter fraction) ,
(i): where the total number of digits excluding the fraction is not more than three, in at least one corresponding digit; and
(ii): where the total number of digits, excluding the fraction, is four or more, in at least two corresponding digits.
(2): Nothing in sub-rule (1) shall be construed to signify that where a trade mark does not come within the scope of any case specified in the said sub-rule, the mark shall necessarily be regarded as not being likely to deceive or to cause confusion.

CHAPTER IlL-ADVISORY COMMITTEE

101. Constitution of Advisory Committee.-(1) For the purposes of section 95, an Advisory Committee shall be constituted consisting of members appointed by the Federal Government on the recommendation of the Association specified in the Seventh Schedule.

purpose any of the said Association fails to make any recommendation or to make the full number of recommendations which it is entitled to make, the Federal Government may appoint the required number of members of the Advisory committee of its own motion without any such recommendation.

(3) The Federal Government may appoint other persons versed in the usge of the textile trade as members of the Committee.

102.

Tenure of office of members.-The tenure of office of each member of the Advisory Committee shall be two years, but a retiring member shall be eligible for reappointment at the end of his tenure:

Provided that a member may continue to hold office after the expiry of two years from his appointment until such time as he is re-appointed or another member is appointed in his place.

103. Substitution of members.-Whenever any member of the Advisory Lommittee ceases to reside in Pakistan, or becomes incapable of acting as a member of

the Advisory Committee. the Federal Government may appoint another person to be a member in his stead, in accordance with the provisions of rule 10 1.

104. Co-option of members.-Whenever it is considered expedient so to do, the Advisory Committee may co-opt one or more persons as its members for the purpose of any of its meetings:

Provided that any person co-opted as a member for the purpose of any meeting shall automatically cease to be a member after the termination of the said meeting.

105. Meetings of the Advisory Committee.-(1) The Advisory Committee shall elect two of its members as Chairman and Vice-Chairman respectively. When the Chairman or vice-Chairman ceases to hold office, the vacancy shall be filled by reelection at the next meeting of the Advisory Committee.

(2) The meetings of the Advisory Committee shall be convened by the Chairman at such time and. place as he thinks fit.

Secretary of the Advisory Committee: The Advisory Committee shall also appoint a Secretary and deposit the name and address of the Secretary at the Registry.
Manner of consuItation.-Any question which the Advisory Committee is required to consider and advise upon may be referred for decision to the members of the Advisory Committee either at its meetings or by circulation of the papers:

Provided that any question referred by circulation of papers, shall on request of at least ten members of the Advisory Committee, be placed on the agenda of its next meeting.

Facts of a Advisory Committee the relating to the case in which
109. Time limit for giving advice.-The advice Advisory Committee shall be given by the Advisory Committee in writing within twentyone days from the date of the receipt of the letter seeking advice, but Registrar may extend the time at the request of the Advisory CODL'1littee.

110. Further information.-Where for the purpose of giving advice sought by the Registrar, the Advisory Committee requires further information, the Secretary of the Adisorv Committee mav write to the Registrar and the required information shall be

-' .......

. ..1

given by the Registrar in \vriting.

Ill. Presiding at meetings.-The Chairman shall preside at every meeting at which he is present, if he is absent, the Vice-Chairman shaJl preside over the meeting. In the absence of the Chairman and the Vice-Chairman, the members present shall elect one of their member to preside over the meeting.

Decision by voting.-Vhenever the members of the Advisory Committee are divided in their opinion on any point at issue, the question shall be decided by a majority of the votes, and the voting shall be by show of hands. The Chairman may vote, and in the case of an equality of votes, shall have a casting vote.
113. Record of meetings.-The Secretary of Advisory Committee shall maintain a record of all bus iness transacted by the Advisory Committee. The Registrar shall be entitled to call for copies certified to be true by the Secretary of the record of the business transacted at any meeting.

PART III
REGISTRA TION OF TRADE MARK AGENTS

114. Deflnitions.-For the purposes of this Chapter, unless there IS anything repugnant in the subject or context,

(a): "Agent" means a legal practitioner, or a person registered as an Agent under the old.law, or a Registered Agent;
(b): "graduate" means a graduate of any university established by law in

Pakistan, or any foreign unive rsity recognized by the Federal Government;

and

(c) "Registered Agent" means a trade mark agent whose name is actually on the Register of trade mark agents kept under rule 115.

Register of trade mark agents.-The Trade Marks Registry shall maintain the Register of trade mark agents wherein shall be entered the name, residential address, business address, qualific ations and
of registration of every Registered Agent.

Eligibility for registration.-(1) No person shall be eligible for registration as a trade mark agent unless he is resident in Pakistan and has been considered by the Registrar to be a fit person to become a Registered Agent.

(2): A person shall not be qualified for registration as a trade mark agent unless he is a citizen of Pakistan and
(b): has been an officer of B asic Pay Scale 17 or above in the Trade ?vlarks Registry for a period of not less than seven years :

Provided

for a period of one year from the date of retirement or termination of service:

no such person shall, be entitled to

Provided further that no such person shall be entitled to registration if he has been dismissed or removed from service.

117. Persons ,debarred from registration.-A person shall not be eligible for registration as a trade mark agent if he

(i): has been adjudged by a competent court to be of unsound mind;
(ii): is an undischarged insolvent;

(iii) being a discharged insolvent has not obtained from the court a certificate to the effect that his insolvency was caused by misfortune without any misconduct on his part;

(iv): has been convicted by a competent court, whether within or without Pakistan of an offence punishable with transportation or imprisonment, unless the offence of which he has been convicted-has been pardoned or unless on an application made by him, the Federal Government has, by order in this behalf, removed the disability; or; (v) i s considered by the Federal Government not to be a fit and proper person to become a Registered Agent by reason of any act of negligence, misconduct or dishonesty committed in his professional capacity.

Manner of making application.-All applications for registration as trade mark agent, shall be sent to, or left at, the Trade Marks Registry, and shall be made in duplicate.
119. Application for registration as a trade mark agent.-(1) Every person desiring to be registered as a trade mark agent shall make an application in the form as set out in Form TMA-1.

(2) The applicant shall furnish such further information bearing on his application as may be required of him at any time by the Registrar.

120. Procedure on application.-On receipt of an application for the of a person as a trade mark agent, the Registrar shall grant him an opportunity

a written and oral examination that shall be conducted once in a year at the Trade Marks Registry or at an educational institution duly approved by the

passed the written and oral examination, qualifies requirements specified in rule 116 and does not offend any requirements specified in rule 117, the Registrar shall send an intimation to that effect to the applicant, and any person so intimated may pay the prescribed fees for his registration as a trade mark agent. On receipt of the prescribed

fees, the Registrar shall cause the applicants name to be entered in the Register of trade

mark agents. and shall issue to him a certificate in the form as set out in From 0-4 in recognition of his registration as a trade mark agent.

122. Continuance of a name in Register of trade mark agents.-Subj ec t to the

provisions of rule 117, the continuance of a persons name in the Register of trade mark

agents shall be subject to his payment of

fee prescribed in

behalf.

123. Removal of agent's name from Register of trade mark agents.-(1) The Registrar may remove permanently or temporarily from the Register of trade mark agents the name of any Registered Agent

(a) from whom a request has been received to that effect; or
(b): from whom the annual fee has not been received on the expiry of three months from the date on which it became due; or
(c): who is found to have been subject at the time of his registration or thereafter has become subject, to any of the disabilities stated in clauses

(i) , (ii), (iii) and (iv) of rule 117 ; or

(d) whom the Federal Government has declared not to be a fit and proper person to remain on the Register by reason of any act of negligence,

Provided that before making such declaration, the Federal Government shall call upon the person concerned to show cause why his registration should not be cancelled and shall make such further inquiry, if any, as it may consider necessary.

(2): The Registrar shall remove from the Register of trade mark agents the name of any Registered Agent who is dead.; (3) The removal of the name of any person from the Register of trade mark agents shall be notified in the official Gazette and in the Journal and shall, wherever possible, be communicated to the person concerned.

124. Restoration of removed names.-(1) The Registrar or the Federal

TNlA-2 from a person whose name has been temporarily removed under sub-rule (1) of

rule 122, restore his name to the Register of trade mark agents.

(2) The restoration of a name to the Register of trade mark agents shall be notified in the official Gazette and in the Journal, and shall whenever possible be communicated to the person concerned.

125. Alteration in the Register of trade mark agents.-(1) A Registered Agent may apply in the form as set out in Form TMA-3 for alteration of his name, address, business address or qualifications entered in the Register of trade mark agents. On receipt

necessary alteration to be made in the Register of trade mark agents.

(2) Every alteration made in the Register of trade mark agents shall be notified in the official Gazette and in the Journal.

126. Publication of the Register of trade mark agents.-The

of trade mark agents shall be published from time to time, as the Registrar may deem fit, the entries being arranged in the alphabetical order of the surnames ^of the Registered Agents and copies thereof shall be placed for sale.

127. Registration of existing trade mark agents.- (1) Notwithstanding anything

in rule 116. every person whose name is, on notified date, on the of trade mark
agent maintained under the Revised Trade Marks Rules,
registered as a trade mark agent under the Ordinance and the rules.

rule (1) shall be payable as and from the notified date.

(3) Legal practitioners shall not be required to be on the Regist er of trade mark agents to act as Agents.

PART IV

128. Establishment and administration of Branch Registry.-(l) The Federal Government may establish a Branch at any place in the territory to which the Ordinance extends.

(2) Each Branch Registry shall be in charge of a Deputy Registrar of Trade Marks or any other officer to whom any particular functions of a Registrar have been delegated by the Registrar, and shall act under the control and superintendence of the Registrar.

Applications, etc.-All applications, notices, statements and other documents, and any fees therefor, authorized or required under the Ordinance or these rules to be made, left, sent or paid to a Branch Registry if made, left, sent or paid to the Branch Registry shall, thereupon, have effect as if they were duly made, left or sent or paid to the Trade Marks Registry.
Inspection of copy of Register, etc. -A copy of the Register and representation of pending applications shall be available for inspection on payment of the prescribed fee, at such times on all days on which the Branch Registry is not closed to the public, as may be fixed by the Registrar.
Hearing at a Branch Registry.-Cl) Where an application for the registration of a trade mark has been made at a Branch Registry, the application shall in the event of a hearing becoming necessary, and if the applicant so desires, be heard at the

Provided that in the event of the Registrar having to deal with more than one application for the registration of

same or closely similar trade mark made at a Branch Registry, at one hearing it shall be in the discretion of the Registrar to direct
hearing

Where tbe hearing has taken place at
Branch Registry, the decision in respect thereof shall be pronounced at the Branch Registry.

PART V
RETURN OF EXHIBITS AND DESTRUCTION OF RECORD

132. Return of exhibits.-(1) Where the exhibits produced in any matter or proceeding under the Ordinance or the rules are no longer required in the Trade Marks

the Registrar may call upon the party concerned to take back the exhibits within a time specified by him and if the party fails to do so, such exhibits shall be destroyed.

(2) Where, before the notified date any exhibits have been produced in any proceedings, the Registrar may, if satisfied that it is no longer necessary to retain them cause them to be destroyed after the expiration of six months from the notified

133. Destruction of records.-Where an application for the registration of a trade mark has been withdrawn or abandoned a trade mark has been removed from the Register or in an opposition or proceeding the matter has been concluded and no appeal is pending before the High Court or the Supreme Court, the Registrar may, at the expiration of three years after the trade mark is removed from the Register or the opposition or rectification proceeding is closed, as .the case may be,

destroy all or any of the records relating to the application, opposition or rectification or the trade mark concerned.

PART VI

MISCELLANEOUS

134. Form for conversion of pending application.-(1) A notice to the Registrar under paragraph 11 of the Fourth Schedule to the Ordinance, claiming to have the registrability of the mark determined in accordance with the provisions of the Ordinance, shall be in the form as set out in Form TM-44.

(2) Where an application for registration of trade mark made under the old law is

advertised on or after these rules comes into force, the period within which notice of

opposition may be filed shall be governed under these rules and not under rules hereby repealed.

135. . Repeal and Savings.-(1) The Revised Trade Marks Rules, 1 963, are hereby repealed.

(2): Except as provided by these rules, anything done, any action taken, any proceedings commenced or any order made under or in pursuance of the Revised Trade Marks Rules, 1963, shall be deemed to have been done, taken, commenced or made under or in pursuance of these rules.
(3): Except as provided under rule 134, where; (b) the corresponding time or period prescribed by these rules would have expired or would expire earlier, the time or period prescribed by the Revised Trade Marks Rules. 1963, and not by these rules, shall apply to that act or proceedings.

IPlNI l/P AKJIJ2 Page 35

THE FIRST SCHEDULE

[See rule 4]

FEES

Serial Amount Corresponding Number. . (Rs.) Forrn No .

(1) (2) (4)

1.	On application not otherwise charged to register a trade mark for a' specification of goods or services included in one class (section 22).	1000/	TM-l
2.	On application to register a trade mark for a specification of goods or services included m one class from a convention country under section 25.	1000/	TM-2
3.	On application under section 82, read with the First Schedule to the to register a collective mark for a specification of goods or services included in one class.	1000/	TM-3
4.	On application under section 83 read with the Second Schedule to the Ordinance, to register a certification trade mark for a specification of goods or services included in one class.	1000/	TM-4

5.	On notice of opposition application opposed.	under	section	28(2),	for	each	3000/	TM-5
6.	On a counter-statement in answer to a notice of opposition under section 28(4) for each application opposed, or in answer to an application under any of sections 73, 80 and 96 in respect of each trade mark; or in answer to a notice of opposition under section 37 or 97, for each application or conversion opposed.						500/	TM-6

On notice of intention to attend hearing under any of 200/sections 28, 37, 73, 80, 96 and 97 by each party to the proceeding concerned.
On notice of opposition to application for registration of 3,000/TM-8 collective mark or certification trade mark under the First Schedule (section 82) and the Second Schedule (section 83).
On a counter-statement in answer to a notice of opposition 500/

TM-9 under the First Schedule (section 82) and the Second Schedule (section 83) for Registration of collective mark or certification trade mark.

Notice of intention to attend hearing of an opposition to 200/-TM-lO an application for registration of a collective mark or a certification trade mark. (rules 40 & 43)
11. For one of a trade mark not otherwise 3000/-TM-ll charged. in application for a specification of goods or services including series of trade marks, collective mark, certification mark and textile mark, included in one class.
12. For each addition to the registered entry of a trade mark of 100/a note that mark is associated with a newly registered mark.
For renewal under section 3S of the registration of a trade mark at the expiration of the last registration, not otherwise charged including renewal of series of trade marks, collective mark, certification marks and textile marks.
Additional fee under rule S2(1) for late payment of renewal.

IS. On request for restoration under section 3S(6) of a trade mark removed from the register. On application under section 32(4) to divide pending trade mark application.

On a request under section 27(6) to state decision.

On request not otherwise charged, for
correction of clerical error or for permission to amend application. sectio 27(7).

19. On application for certificate of the Registrar under section 69(3). For each mark proposed to be assigned.

For every additional mark proposed to be assigned.

20. On application for approval of the Registrar under section 69(3).
For first mark.
For every additional mark.

On application under section 69(2) for directions of the Registrar for advertisement of assignment of trade marks in use, without goodwill-For first mark assigned. For every additional mark.
On application for extension of time for applying for directions under section 69(2) for advertisement of assignment of trade marks in use, without goodwill, in respect of one devolution of title-Not exceeding one month Nor exceeding two months Not exceeding three months.

On application under paragraph 12 of the Second Schedule to the Ordinance for consent of the Rgistrar to the assignment or transmission of a certification trade mark.

24. On application under section 70(2)(a) to register a

SOOO/

300/

1000/

300/

SOO/

200/

300/

100/

300/

100/

200/

100/

200/400/-. 600/

200/

2000/2S00/

TM-12

TM-13

TM-14

TM-lS

TM-16

TM-17

TM-19

TM-20

TM-2 1

TM-22

TM-23

subsequent proprietor in a case of transmission of a single trade mark-If made within six months from the proprietorship. If made after expiration of six months acquisition of proprietorship-

assignment or of acquisition of from the date of

Page 37

On application under section 70(2)(a) to register a subsequent proprietor of more than one trade mark registered in the same name, the devolution of title being the same in each case. If made within six months from the date of acquisition of proprietorship. For the first mark For additional mark. If made after expiration of six months from the date of acquisition of proprietorship. For the first mark. For additional mark.
On application under section n( 4) for extension of time for registering a company as subsequent proprietor of trade marks on one assignment Not exceeding two months. Not exceeding four months. Not exceeding six months.
On application under any of sections 73,80 and 96 for rectification of the Register or removal of trade mark from

the Register.

On application under rule 69 for leave to intervene in proceedings under any of sections 73, 80 and 96 for rectification of the Register or removal of trade mark from the. Register.
Application for Registration of Registered licensee. For the first mark. For every additional mark.
On application under section 70(4)(a) and rule 64 to vary

the entry of a registered licensee For first mark.
For every additional mark.

under section 70(4)(b) and rule 65(1) for cancellation of the entry of a registered licensee For the first mark. For every additional mark of the same proprietor for which the same registered licensee is registered, included in the application

31. On

On application under section 70(4) and rule 65(1) to cancel the entry of a regis tered licensee For the first mark. For every additional mark of the same proprietor for which the same registered licensee is registered, included in the application.

On notice under rule 66 of intention to intervene in one
proceeding for the variation or cancellation of entries of a licensee of trade marks.

34. On application under section 96(4) to change the name or description of a proprietor or registered user where there has been no change in the proprietorship or in the identity of the registered licensee For the first mark. For every additional mark.

2000/500/

2500/500/

200/

400/

600/

750/

500/

1000/250/

500/250/

500/100/

SOD/lOO/

250/

500/100/TM-24

TM-2S

TM-26

TM-27

TM-28

TM-29

TM-30

TM-3 1

TM-32

TM-33

On application under sectlOn 96(4) to alter one or more TM-34

entries of the trade or business address of a registered

proprietor or a registered licensee of a trade mark where

the address in each case is the same and is altered in the

same way For the first entry. 200/

Claim to have the registerability of the mark applied for 200/-TM-44 before commencement of the Ordinance, determined in accordance with the provisions of the Ordinance (convension of application) para-graph 11 of the Fourth Schedule to the Ordinance.

Application by registered proprietor of trade mark for the cancellation of entry thereof in the Register. (section 38).
Application by registered proprietor of trade mark to strike out goods from those for which the trade mark is registered. (section 38).
Request by registered proprietor of a trade mark that a disclaimer or memorandum relating thereto may be registered. [rule 34(f) and 34(9)]).
On application under section 37 for leave to add to or alter a registered trade mark For the first registration.

For each additional

On notice of opposition under section 37(2) to an application for leave to add to or alter registered trade mark for each application opposed.
On application under section 97(2) for conversion of

specification.

On notice of opposition under section 97(S) to a conversion of the specification or specifications of a registered trade mark or registered trade mark For the first mark. For every additional mark.
On application under paragraph 10 of the First Schedule

and paragraph 11 of the Second Schedule Ordinance, and rules 40 and 46 for alteration deposited regulations of a collective . mark certification trade mark For the regulations of one registration. For the same or substantially same

regulations

additional registration proposed to be altered in the same way and included in the same application.

44. On application under paragraph 14 of the First Schedule and paragraph 16 of the Second Schedule to the Ordinance, to expunge or vary the registration of a collective or a certification trade mark or to vary the deposited regulations of a collective mark or certification trade mark of the same registered proprietor where the regulations are substantially the same.

to the of the or a

of each

200/

woo/

lOO/

SOO/

IS0/

SOO/

150/

300/

SO/

600/

TM-35
TM-36

TM-37

TM-38

TM-39

TM-40

TM-41

TM-42

TM-43

Page 39

-1-6.	Request for information about marks. (section 109).	and registered	500/	TM-45
-1-7.	On request for of the Registrar under any of sections 11 and 121 (2) other than certificate under section 33(1).		500/	TM-46
48 . 49.	On request to enter in the Register and advertise a certifi cate of validity, under rule 112 and rule 86. For the first registration certified. For every additional On application by registered proprietor or a registered licensee of a trade mark or a person about to be so registered, to enter. alter or substitute an address for service as part of his registration. (section 126 rules 9 and 70) . For the first entry. For every additional entry.		300/50/100/50/	TM-47 TM-SO
50.	On application under section 82 and the First Schedule to the Ordinance to register a collective mark for a specification of goods or services in any one class from a convention country under section 25.		WOO/	TM-S l

51. On application under section 83 and the Second Schedule WOO/-TM-S2 to the Ordinance, to register a certification trade mark for

country under section 25.

52. On application to register a textile mark, other than a WOO/-TM-S3 collective mark or a certification trade mark, consisting of numerals or letters or any combination thereof in one class for specification of goods or services included in one item of the Fifth Schedule of the Ordinance and under rule 91.

On application to register a textile

(other than WOO/-TM-54 collective or a certification mark), consisting exclusively of numeral or letters or any combination thereof in one class for specification of goods or services included in one item on the Fifth Schedule to the Ordinance under rule 12 from convention country under section 25.

54. On request for search under rule 87 In respect of each SOO/-TM-5S class.

On application for extension of time under any of the rule SOO/-TM-S6

80.

On application for restoration of a trade mark abandoned for non-compliance of the requirements of the Registry. See section 33(5) and rules 24(b) and 26(3).
On petitions (not otherwise charged) for review of Registrar' s order or for obtaining Registrar' s orders on any interlocutory matter in a contested proceeding.
For inspecting Register or copies thereof or notice of

opposition .

or decision in connection with any opp osition or application rectification of the

Register relating to any particular trade mark, or such other document as may be specified by the Federal Government by notification from time to time in the Journal. for every quarter of an hour or part thereof.

SOO/-TM-S7

500/

100/

59.

62.

63 .

64.

(a)

(b)

65 .

66.

For permission to search amongst the classified
representations of trade marks, for each quarter of an
hour.
For oftice copy of documents.

For photographic copy of documents .

On application for registration as a trade mark agent under rule 119.

For registration of a person as a trade mark agent under rule 121. For continuance of the name of a person in the Register under rule 122,

for the whole life of the registered agent, by a single consolidated payment; or

from year to year,

(ii): for the first year, to be paid along with the fee for registration,in the case of a person registered at any time between the 1 st of July and 31 st of December; and

in the case of person registered at any time between the 1st January and 30ti1 June following.

N.B. -A year for the purposes of this clause will commence on the 1st day of July and end on the 30 day of June following On application for restoration of the name of a person to the Register of trade mark agents under rule 124.

On application for an alteration of any entry in the Register of trade mark agents under rule 125.

lOO/

20/

For every

words subject to

minimu m Rs.I OO/

Cost according

to agreement

1000/

2000/

15000/

500/

300/

200/

500/

200/TMA-1

Form 0-4

TMA-2

TMA-3

Form No.

(2)

TM-l. 22

TM-2 25

TM-3 82; the First

Schedule to the Ordinance.

TM-4 83; the

Second . Schedule to the Ordinance.

TM-5 28

TM-6 28,37,73,809 6 & 97(5); rules 30(2) and 72(1).

TM-7 28,37,73,809 6,97; rule 72(1).

TM-8

82; the First
Schedule-to
the
Ordinance;
and
83; Second
Schedule to
the
Ordinance.

TM-9 -do-

THE SECOND SCHEDULE

[See rule 3]

LIST OF FORMS

Title.

(3)

Application for registration of trade mark for a specification of goods or services and to register a domain name.

Application for registration of trade mark for specification of goods or services from a convention country and for protection of trade mark during exhibition.

Application for registration of collective mark for a specification of goods or services.

Application for registration of certification trade mark.

Notice of opposition to application for registration of a trade mark for a specification of goods or services.

Form of counter-statement.

Notice of intention to attend hearings.

Notice of opposition to an application for registration of a collective mark or certification trade mark.

Form of counter-statement in reply to notice of opposition to an application for Registration of a collective

mark or. a certification trade mark.

IPIN/ lIP AKJII2 Page 41

Serial number of the First Schedule.

(4)

TM-lO

TM-ll

TM-13

TM-14
TM-15

TM-16

TM-17

TM-18

TM-19

TM-20

Notice of intention to attend hearing of an 10 opposition to an application for registration of a collective mark or a certification trade mark.

Fee for registration of trade mark for a 11 specification bf goods or services including collective mark, certification trade mark and textile marks.

For each addition to the registered entry of a 12 trade mark of a note that the mark is associated with a newly registered mark.

Renewal of registration . of trade mark for a 13 specification of goods or services including collective marks, certification trade mark and textile marks.

Additional fee under rule 52(1) for late 14 payment of renewal.

Restoration trade mark removed from 15 Register for non-payment of renewal fee. Application to register divisional application. 16

Request for statement of grounds of decision. 17

Request for correction of clerical error, or for 18 permission to amend application.

Application for the approval of the Registrar 19 with regard to a proposed assignment or a transmission of a registered trade mark resulting m exclusive rights in different persons in relation to some goods or services for which trade mark is registered.

Affidavit in support of Statement of case.

Application for the Approval by the Registrar 20 of a proposed assignment, or of a transmission of a trade mark resulting m exclusive rights m different persons for different parts of Pakistan.

Application for directions for the 21 advertisement of an assignment of trade marks otherwise than in connection with the goodwill of the business.

rules 39 and

44.

33(2) ; rule

rule 52(1)

35(6);

32 27(6) 27(7)

69(3)(a)

69(3)(b) and rule 61

69(3)(b)

69(2); rule 58

TM-2 1 Rule 55(3) Application for extension of time in which to apply for the Registrar's directions for the advertisement of an assignment of trade mark otherwise

than in connection with the goodwill of the business.

TM-22

TM-23

TM-24

TM-25

TM-26

TM-27

TM-28

TM-29

TM-30

TM-3 1

TM-32 Paragraph 12 of the Second Schedule to the Ordinance; rule 46(2)

69(2) and 70(2)(a)

-do

72(4)

73, 80 or 96

rule 66

70(2)(b)

70( 4)(a) ; rule 64

70(4)(b);

rule 65(1)

70(4)(b)

rule 66

Application for consent of the Registrar to the

23 assignment or transmission of a Certification Trade Mark.

Joint request by registered proprietor

and 24 transferee to register the transferee as subsequent proprietor of trade mark upon the same devolution of title.

Request to register a subsequent proprietor of 25 a trade mark or trade marks upon the same devolution of title.

Application extension of time for the

26 registration of the name of a company as

. subsequent proprietor of a trade mark in the

Application for the rectification of the 27 Register or the removal of a trade mark from the Register.

Application for leave to intervene in 28 proceedings relating to the rectification of the Register or the removal of a trade mark from the Register.

Application for registration of registered 29 licensee.

Application by the registered proprietor of a 30 trade mark for variation of the registration of a registered licensees thereof with regard to the goods or the conditions or restrictions.

Application by the registered proprietor of a 31 trade mark or by any of the registered licensees of the trade mark for the cancellation of entry of a registered user thereof.

Application for cancellation of entry of a 32 registered licensee of a trade mark.

Notice of intention to intervene

33 proceedings for the variation · or cancellation of an entry of a registered licensee of a trade mark.

TM-33

Request to enter change of name or

34 description of proprietor (or registered licensee) of trade mark upon the Register.

TM-34 96(4) Request for alteration of trade or business

address in the Register.

TM-35 38; Application by registered proprietor of trade

rule 55(l)(a) mark for the cancellation of entry thereof in the Register.

TM-36 38; Application by registered proprietor of trade rule 55(1)(b) mark to strike out goods from those for which the trade mark is registered.

TM-37	rules 34(f)	Request by registered proprietor of								38
	and 34(g)	mark	that	a	disclaimer	or	memorandum
		relating thereto may be registered.
TM-38	37;	Application by registered proprietor						for	an	39
	rule 54	addition to or alteration of a Registered trade
		mark.

TM-39 37; Notice of OppOSItIOn to application for 40 rule 54(3) addition to or alteration of a registered trade mark.

Application by the proprietor of a registered 41 rule 71 trade mark for the conversion of

TM-40 97;

the specification. TM-41 97(5) Notice of opposition to proposal for 42 conversion of specification.

TM-42 Paragraph 10 Request for the alteration of the deposited 43 of the First regulations for use of a collective mark or a Schedule certification trade mark. and paragraph 11

Ordinance;
rules 40 and

46.

TM-43 Paragraph 14 Application for an order expunging or varying of 1^stan entry in the Register relating to a collective Schedule mark or a certification trade mark or v arying

and the deposited regulations.

Schedule to
the
Ordinance;
rule 41 and
45.

TM-44 Paragraph 11 Claim to have the registerability of the mark 45 of the Fourth applied for before commencement of the Schedule to Ordinance determined in accordance

the the provision of the Ordinance (convention of Ordinance. application) para-graph 11 of the Fourth

Schedule

the Ordinance.

TYI-45 109 Request for information about applications 46 and registered marks.

TM-46

TM-47

TM-48

TM-49

TM-50

TM-5 1

TM-52

11 and

121(2)

112; rule 86

127

Paragraph(5) of the First Schedule and Paragraph(6) of Second Schedule to the Ordinance; rules 39(1) and 43(1)

126; rules 9 and 70

TM-53 rule 96

TM-54 rule 12

TM-55 rule 87 Request for certificate by the Registrar.

Request for entry in the

48 advertisement of a note of certificate of of the Court.

Form of authorization of agent in a matter or

Regulations for governing the . use of a collective mark or a Certification Trade Mark).

Form of request by a registered proprietor or a registered licensee of a trade mark or a person about to be so registered, to enter, alter or substitute an address for service as part of his registration.	49.
Application for registration of collective mark for a specification of goods or services from a convention country.	50

Application for .registration of a certification 51 ·trade mark for specification of goods or

services from a convention country.

82 and the
First
Schedule;
section 25;
rule 15
^.and39(l)

83 and the
Second
Schedule to
the
Ordinance;
section 25;
rule 15 and

Application

for registration of trade marks 52 consisting exclusively of letters or numerals or any combination thereof relating solely to textile goods

specification of goods included in any of the items specified in the Fifth Schedule to the Ordinance.

Application for registration of a trade mark

consisting exclusively of letters or numerals or any combination thereof relating solely to textile goods for specification of goods included in any of the items of the Fifth Schedule to the Ordinance, and under rule 12 from a convention country under section 25. Request for search under rule 87.

TM-56
TM-57

123 and rule

33(5) and rules 25(b), 27(2) and 27(3)

Application for extension of time.				55
Application for restoration of	a	trade	mark	56
abandoned for non-compliance.

IPINIl/P AK/I12 Page 47

FORM TM-1

(To be accompanied by a duplicate of this Form and by six additional representations affixed

Signature U)

Ca) Insert the serial number of the class as indicated in Schedule IV to the Trade Marks Rules 2004.

(b): Specify the goods or services. Only goods and services included in one and the same class should be specified. Please consult Schedule IV attached to the rules to check the class of goods and services or the Book on International Classification of goods issued by the International Bureau for the Protection of Intellectual Property, Geneva.; (c) Insert legible the full name, description and nationality of the applicant.
(d): Insert the trading style, if any.
(e): Insert the full trade or business address of the
(f): Strike out whichever is not applicable. If the mark is already in use, file the proof thereof by way of affidavits, publicity material, sale figures etc.
(g): Indicate how many marks are in the series. Indicate whether domain name is in respect of goods or services.

Name of signatory in block letters.

The Registrar of Trade Marks, Trade Marks Registry,

Karachi.

Page 48

(i) State the colour(s) claimed.

_U)State address for service in Pakistan.

(k) Signature of the applicant. If the mark is owned by an individual, he must sign
it, if owned by a partnership firm, by the Managing Partner,
company, by the Managing Director or Director.

Notes (1) The prescribed fee should be paid alongwith this application either through a -cheque drawn in favour of or through a money order address to the Registrar of Trade Marks.

(2): Where the application is being filed through an attorney, a power of attorney on Form TM-48 duly stamped must accompany this application.
(3): If the word mark is in a language other than English, Urdu or regional Pakistani languages, its translation and transliteration in the form of an affidavit must accompany this application.

FORM TM-2

Application for registration of a trade mark for goods or services (other than a collective or a certification trade mark) in the register from a

country under section 25, 22 and rule 15 and for registration to provide temporary protector during exhibition under section 26

(To be filled in triplicate accompanied by six additional representations of the trade mark)

If the application is for temporary protection during exhibition, state the period

IIWe request that the trade mark may be registered with priority date based on the above mentioned first application in a convention

under the provisions of section 25 of the Ordinance. Address for service in Pakistan. Dated this day of 200 _

Signature:

Page 50

a) The Registrar's direction may be obtained if the class of the goods or services is not known. The duly signed additional representation submitted by the applicant or his agent should bear the mark, the name, address of the applicant, the description of goods or services, class, the period of the use of the trade mark, the trade description and address for service in Pakistan

b) Specify the goods or services for the class in respect of which application is made. A separate sheet detailing the goods or services may be used.

c) Insert legibly the full name, description (occupation and calling and nationality of the applicant). In the case of a body corporate or firm the country of incorporation or the names and descriptions of the partners composing the firm and the nature of registration, if any, as the case may be, should be stated. See rule 8(1).

d) Insert trading style, if any.

e) Insert the full trade or business address of the applicant.

f) Strike out the words if not applicable. If user is claimed the commencement of use should be stated at (f) .

g) State the numbers of mark in series.

i) Stat the period of protection during exhibition and attach certificate as required under section 26(2)

Name of signatory

(4) Here insert the full address of the applicant.
(5): Here insert address for service in Pakistan.

FORM TM-4

Application for registration of a certification trade mark for goods or services
Under section 83, second Schedule, rule 43(1)

(To be filed in triplicate and accompanied by Six representation of the certification trade

which registration of the said certification trade mark is ought.

Dated this

To,

(1): Registrar's direction may be obtained if the class is not known.
(2): Specify the goods or services.
(3): Insert the full name, description (occupation and calling) and nationality of the applicant. If the applicant is a body corporate; nature and country of incorporation should be stated.
(: 4) Here insert the full address of the applicant.
(5): Here insert address for service in

FOR:.vr TM-5

Fee: See entry No.S of the First Schedule

Notice of to Application for Registration of a trade mark Under section 28, rule 30(1) LN THE MATTER OF Application No, by

I (or we) (a) hereby give notice of my (or our) intention to oppose the Registration of the trade mark advertised under the above number for Class in the trade mark journal dated the

day of __ 200_ No.

The grounds of opposition are as follows:

My (our) address for service in Pakistan in connection with these proceeding is:

(b)

Dated this day of 200_

(b) Insert address for service in Pakistan.

FORtyI TM-6

Fee: See entry No.6 of the First Schedule

			Form of Counter-statement. (Section 28,37,73,80,96, 97(5) rule 30(2) & 72)(1) (To be filed in duplicate)
IN No.	. THE		MATTER OF an Opposition No. for the registration of a trade mark.	to Application
I	(or	we)	(a)	the ap·plicant(s)	for

registration of the above trade mark, hereby give notice that the following are the grounds on which I (or we) rely for my (or our) application:

I (or we) admit the following allegations in the Notice of Opposition-

My (or we) address for service in Pakistan in connection with these proceedings is (b) :_

Dated this day of 200_

Name-of signatory in block letters

To, The Registrar of Trade Marks, Trade Marks Registry, Karachi.

(a): State full name and address.
(b): Insert address for service in Pakistan.
(c): Signature of opponent.
(c): Signature of the person giving notice.

FORM TM-7

IP/N/ IIPAKlV2

Page 56

FORM TM-8

Fee: See entry No.8
Of the First Schedule

Notice of Opposition to an ApplicatioI]. for registration of a collective trade mark/certification trade mark (Paragraph 8 of the First Schedule and Paragr aph 9 of the Second Schedule)

IN THE MATTER OF an Application No. for registration of a collective or certification trade mark by

I (or we) (a) hereby give notice of my (or our) intention to oppose the Registration of the collective or certification trade mark advertised under the above number for class in the Trade Mark Journal of the

day of __ 200_ No. page

The grounds of Opposition are as follows (b) :

The facts and matters set forth in the enclosed statement of case are true to the best of my (our) knowledge, information and belief.

My (or our) address 'for service in Pakistan in connection with these proceeding

Dated this day of 200_.

Name of signatory in block letters

To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.

Ca) State full name and address.

(b): The grounds should be limited to the matters specified in para 6 of First Schedule and para 7 of Second Schedule.
(c): Signature of the person giving notice.

Page 57

FORM TM-9

Form of Counter-statement in reply to Notice of Opposition to an Application for
registration of a collective/certification trade mark
(Sections 82 & 83, first Schedule & Second Schedule,
rule 40 and 44)

The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.

(a) Insert name and address of the applicant. Cb) Signature of the applicant.

Notice of attendance at hearing.

Trade Marks Registry,

Page 59

FORM TM-ll

FORM TM-12

*Renewal of Registration of a trade mark Section 35, rules 51 and 52

The notice of renewal of the registration may be sent to the following address:

(b) An additional fee as required in rule 49(1) is also transmitted.

Dated this day of 200_

To,

The Registrar of Trade Marks,

Trade Marks Registry,

(a): Insert here the name and address of the registered proprietor.
Cb) Strike out if the renewal fee is paid before the expiration of the last registration.
(c): Signature of the registered proprietor.

l[Note.-Renewal fee shall be deposited by the registered proprietor within six months of the date of publication of the advertisement regarding non-payment of renewal fee in the lournal].

Page 61

I[Note.-Application for the restoration of the mark shall be moved within six months

FORM TM-14

Page 63

FORM TM-15

Request for Statement of Grounds of Decision.

IN THE MATTER OF (al the Registrar is hereby requested to state in writing the grounds of his decision. Dated this day of

day of

To,
The Registrar of Trade Marks,
Trade Marks Registry,

FORM TM-16

Fee: See entry No.IS
of the First Schedule

Request for Correction of Clerical Error, or

To, The Registrar of Trade Marks, Trade Marks Registry,

Karachi.

(a): Insert words and reference number identifying the entry or application.
(b): Signature of the applicant.

FORM TM-17

Application for the approval of the Registrar with reference to a proposed Assignment of a

(To be accompanied by a statement of case in duplicate and a copy of the proposed

IN THE MATTER OF Trade Mark(s) No.(s) Registered in the name of in class(es) __ .

FORiVI TM-18

Affidavit (only to be furnished when required by Registrar)
In support of Statement of case filed under rule 61 of accompanying a request

I (a) of do hereby solemnly and sincerely declare that the particulars set out in the statement of case exhibit marked

and left by me in connection with (b) in respect of the Trade Mark No. in class are true and comprise every material fact and document affecting the present proprietorship of the Trade Mark, to the best of my knowledge, information and belief.

Declared at

Dated this day of 200_

Before me (d)

(a): Insert full name, address and nationality of deponent.
(b): Insert particulars of the proceedings concerned.
(c): To be signed hereby the person making the declaration.
(d): Signature and title of Authority before whom the affidavit is made.

in Circumstances that are stated fully in the accompanying Statement of Case.

Name of signatory in block letters

The Registrar of Trade Marks, Trade Marks Registry, Karachi.

*Strike out either paragraph (1) or paragraph (2).

(a)	To be struck out in the case of umegistered trade marks.
(b)	Insert the name and trade or business address of the proprietor.
( c)	Strike out either if not applicable.
(d)	Insert the name(s) and tra<,i.e or business addressees) of the proposed assignee(s).
(e)	Insert the name(s) of the place(s) in Pakistan.
(f)	Strike out the bracketed passage if not required.
(g)	Insert	the		name				and		trade		or	business		address		of		the	person		who		claims	a
	transmission to					him.
(h)	Insert		the		date		of		the		transmission,			which		must		not			precede		the	date	of

(i): Insert the name and trade or business address of the predecessor in title, if any. _U) Insert name and trade or business address of the person who transmitted.
(k): Signature of applicant.

FORM TM-20

Fee: See entry No.21 of the First Schedule

Application for Directions for the Advertisement of an assignment of Trade Marks
otherwise than in connection with the goodwill of the business.
[Section 69(2); rule 58(1)]
(To be filed in duplicate)

Application is hereby made by (a) for the Registrar's Directions with respect to the advertisement of an assignment of the following Trade Marks otherwise than in connection with the goodwill of the business in which they were used at the time of assignment, namely:

*(1) Registered Trade Marks: Registration Number Class __ Goods in respect of which the Mark has been used and is assigned. all of which are or were registered in the name of (b) __ who is the assignor:

*(2) Umegistered Trade Marks (c) , all being Marks used in his business at the time of the assignment in respect of the goods stated below, by (b) of who is the

assignor: Representation of Mark __ Goods in respect of which the Mark has been used and is assigned.

*Additional marks and registration numbers which cannot be accommodated may be

0 given in a signed schedule on the back of the Form.

(a): Insert the name, nationality and trade or business address of the proprietor (applicant).
(b): Insert the full name, nationality and trade or business address of the proprietor (assignor).
(c): Only those umegistered trade marks passing by the one assignment and used in the same business and for the same goods as those for which one or more of the registered marks are registered may be stated here.
(d): Signature of applicant.

The date of assignment was the day of 200_. The instrument effecting the assignment is sent herewith,-.together with a copy thereof. It is suggested that advertisement shall be directed as follows, namely in

Dated this day of 200_0

Name of signatory in block letters

To,

The Registrar of Trade Marks,
Trade Marks Registry,
Karachi .

Page 69

Application for Extension of time in which to apply for the Registrar's Directions for the Advertisement of an assignment of Trade Marks otherwise than in connection with the goodwill of the business.

than in

__ of

*Representation of Mark __ Goods in respect of
which the Mark has been
used and is assigned.

Trade Marks Registry,
Karachi.

(c): Insert the name and trade or business address of the proprietor (assignor).
(d): Signature of applicant.

FORM TM-22

Application for the consent of the Registrar to the assignment or transmission of a
certification Trade Mark.
[Paragraph 12 of 2nd Schedule, rule 46(2)]

(To be filed in duplicate and each copy to be accompanied by either a draft deed of assignment or an affidavit).

Page 71

FORM TM-23

Fee: See entry No24

of the First Schedule

Joint request by Registered Proprietor and Transferee to register the Transferee as

Subsequent Proprietor of Trade Marks upon the same devolution of title.

[Sections 69 and 70(2)(a)]

(a) (b)

I/(we) and

hereby request, under rule _, that the name of

on business as (d) at (e) may be entered in the Register of Trade Marks as proprietor of the Trade Mark(s) No. * ID class as from the (I) by virtue of (g)

of which the original and an attested copy are enclosed herewith.

(h) The trade mark at the time of the assignment was (h) (not) used in a business in the goods in question, and the assignment (took) (h) (did not take) place otherwise than in connection with the good-will of a business in the goods (h) and there is sent herewith a copy of the Registrar's direction to advertise the assignment, a copy of each of the advertisements complying therewith, and a statement of the dates of issue of any publications containing them.

We declare that the facts and matters stated herein are true to the best of our knowledge, information and belief.

Dated this day of 20o_.

Name of signatory in block letters Signature^UlName of signatory in block etters

To, The Registrar of Trade Marks, Trade Marks Registry, Karachi.

(a): Full name and address and nationality of registered proprietor or other Assignor or Trai1smitter.
(b): Full name, trade address, and nationality of Transferee.
(c): Name of Transferee.
(d): Description of Transferee.
(f): Date of acquisition of proprietorship.
(g): Full particulars of the instrument of assignment or transmission, if any, or statement of case.
(h): Strike out any words nOt applicable.
Ci) Signature of Assignor or Transmitter.
U) Signature of Transferee.
*Additional numbers may be given in a signed schedule on the back of the Form.

Request to Register a Subsequent Proprietor of Trade Marks upon the same devolution of

in connection with the goodwill of a business in the goods, (d) and there is sent herewith a copy of the Registrar's direction to advertise the assignment, a copy of each of the advertisements complying therewith, and a statement of the dates of issue of any publications containing them.

I (or we) declared that the facts and matters stated herein are true to the best of my (or our) knowledge, information and belief.

Trade Marks Registry,

(d) Signature of the person making the request.

* Additional numbers may be given in a signed schedule on the back of the Form.

Note-A request for the entry of an address for service of the registered proprietor may be made on Form TM-50 and if it accompanies this Form no fee is payable on Form TM-50.

FORl';! TM-25

Fee: See entry No.26
of the First Schedule

Application under rule 62 for extension of time, in accordance with section 72(4) for the registration of the name of a Company as subsequent proprietor of a trade mark in the Register.

(Rule 62)

Application is hereby made by Ca) . for an extension 'of time by

(b)

months of the period of six months allowed by section 72(4) and rule 62for registering the name of (c) by virtue of an single assignment, as proprietor of the following Trade Mark(s) registered upon application(s) conforming to sub-section (1) of section 72.

(d) Registration Number Class

Dated this day of 20o_.

Name of signatory in block letters

To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.

(a) Insert name and address of the applicant.

(b): Insert "two" or "four" or "six".
(c): Insert name of the company to be registered as subsequent proprietor.
(d): Additional number may be given in a signed schedule on the back of the Form.
(e): Signature of the applicant.

FORM TM-26

Fee: See entry No.27
of the First Schedule

Application for the Rectification of the Register or the Removal of a Trade Mark from the Register. rule 68 and sections 73, 80 and 96.

[To be filed in duplicate and to be accompanied by a statement of case in duplicate (Vide rule __)]

IN THE MATTER OF the Trade Mark Registered ID the name of

I (or We) (a) hereby apply that the entry in the Register in respect of the above-mentioned Trade Mark may be removed (b) rectified in the following manner

The grounds of my (our) application are as follows:

. No action concerning the Trade Mark in question is pending in any court. My (our) address for service in Pakistan in connection with these proceedings is

Dated this day of 200

Name of signatory in block letters

To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.

(a): State full name, address and nationality.
(b): Strike-out the word(s) that is (are) not applicable.
(c): Signature of applicant.

Application for Registration of Registered Licensee. Sections 70(2)(b) 75 and 76, rule 63 [To be accompanied by a statement of case setting forth particulars and statements

may be registered as a registered licensee of the above-numbered registered trade mark(s) in respect of (f) subject to the following conditions and restrictions :-(g) (h). (The proposed permitted use is to end on the day of

200 ). (h) (The proposed permitted use is without limit of period) .

Dated this day of 200_

Signature (i)
Name of signatory in block letters

Name of signatory in block letters

To, The Registrar of Trade Marks, Trade Marks Registry, Karachi.

*Additional numbers may be given in a signed schedule on the back of the Form.

(a) Insert full name, trade or business address and description of the registered proprietor( s).

(b) Here insert the specification as in the register.

(c): Here insert the full name, description, nationality, and address of the proposed registered user (See rule 8).
(d): Insert trading style (if any).
(e): Insert name of proposed registered licensee.
(f): Insert designation of goods (which must be comprised within the specification) .
(g): Write 'None' if there are no conditions or restrictions. Ch) Strike out the works that are not applicable.
(i): Signature of registered proprietor. U) Signature of registered licensee.

FORM TM-29

Application by the Registered Proprietor of a Trade Mark for variation of the registration
of a Registered Licensee thereof with regard to the goods or the conditions or restrictions.
Section 70( 4)(a), rule 64

[To be accompanied by a statement of the Grounds for the application and the written
consent (if given) of the
Registered Licensee.]

Application is hereby made by (a)

the		No.*	Registered
in respect of (b)			that the
registration of (c)		as a registered licensee of the above-
numbered	trade mark(s) in respect of (d)		may be varied in the
following manner:-(e)

Dated this day of. 20o_.

Name of signatory in block letters

To, The Registrar of Trade Marks, Trade Marks Registry, Karachi.

*Additional numbers may be given in a signed schedule on the back of the Form.

(a): Insert full name, description and trade or business address of the registered proprietor.
(b): Insert the specification as in the register.
(c): Insert the full name description and trade or business address of the registered licensee.
(d): Insert the goods in respect of which the user is registered.
(e): State the manner in which it is requested that the entry should be varied.
(f): Signature of the registered proprietor.

FORM TM-30

To, The Registrar of Trade Marks, Trade Marks Registry, Karachi.

the applicants.

(b): Strike out the words that are not applicable.
(c): Insert the specification as in the Register.; (d) Insert the;;fulr name, description and trade or business address of the registered

. licensee whose entry is sought to be cancelled.

(e): Insert goods in respect of which registered licens.e e mentioned at (d) is registered.
(f): Signature of the applicant.

Page 79

70( 4)(b )(ii),
rule 65
(To be accompanied by a statement of
the grounds for the application)

IN THE MATTER OF Trade Mark(s) No.(s) *registered in

in the name of (a) * Application is hereby made by(b) For the cancellation of the entry under the above-mentioned registration(s) of

As the registered licensee thereof in respect of (d)

Name of signatory in block letters

The Registrar of Trade Marks, Trade Marks Registry, Karachi.

The grounds of this application, particulars of which are given in detail in the

*Additional numbers may be given in a signed schedule on the back of the Form.

(a): Insert the name uf the Registered Proprietor.
(b): Insert the name, address and nationality of the applicant for cancellation.
(c): Insert the name, trade or business address and description of the registered liCensee entered in the Register.
(d): State goods in respect of which registered licensee is entered.
(e): Insert one or more of the sub-clauses of clause( c) of section 75.
(t): Signature of applicant.

FORM TM-32

Notice of intention to intervene in proceedings for the variation or cancellation of an entry of a Registered Licensee of a Trade Mark. (rule 66).

(To be accompanied by a statement of

To,

(a): Insert the nCL.'lle of the Registered Proprietor.
(b): Insert the name and trade or business address of Registered Licensee.

name, address and nationality of person giving notice.

(d) Signature of the Person giving notice.

Page 81

the said Trade Mark

I am (We are) entitled to (b)

use the said Trade Mark as

Registered Licensee(s)

Trade Marks Registry,

being the

Trade or business address in the Register of Trade Marks be altered to

The Registrar of Trade Marks,

(c): Insert the name of the public authority ordering the change and the date thereof.
(d): Signature of Registered ProprietorlLicensee. *Strike out if not applicable.

FORM TM-35

by Registered Proprietor of Trade Mark for the cancellation of entry thereof

in Register. Section 38, rules 55 .

Trade Marks Registry,

FORM TM-36

Fee: See entry No.37
of the First Schedule

Application by Registered Proprietor of Trade Mark to strike out Goods from those for which the Trade Mark is registered. Section 38, rule 55CI)Cb)

IN THE OF Trade Mark No. registered in class

Name of Registered Proprieor
Trade or business address,

Application is hereby made by the aforesaid registered proprietor for the striking out of ^Ca)from the goods for which the Trade Mark No. is registered in

Dated this day of 200_ .

Signature (b)

Name of signatory in block letters

To,

The Registrar of Trade Marks,
Trade Marks Regis!ry,

Ca) Designate the goods to be struck out Cb) Signature of applicant

FORtvI TM-37

Request by Registered Proprietor of Trade Mark that a Disclaimer or Memorandum relating thereto may be registered may be registered. [Section 10, rule 34(f) and 34(g)]

IN THE MATTER OF Trade Mark No. registered in class _

Application is hereby made by

being the registered proprietor of the trade mark numbered as above, for the addition to the entry in the Register in connection with the said Trade Mark registered in the Class aforesaid of the

The Registrar of Trade Marks, Trade Marks Registry, Karachi.

Cb) Signature of Registered Proprietor.

FORM TM-38

Application by Registered Proprietor under section 37 for an addition to or alteration of a

proprietor(s) of the registered trade mark numbered as above, for leave to add to or alter the said Trade Mark in the following particulars that is to say (b)

Six copies of the mark as it will appear when so altered are filed herewith.

Dated this day of 200_ .

Signature (c)

Name of signatory in block letters

To, The Registrar of Trade Marks, Trade Marks Registry, Karachi.

Ca) Insert the name, trade or business address and description of the registered proprietor. Cb)

Cc)

FORM TM-40

Fee: See entry No.41 of the First Schedule

Application by the proprietor of a Registered Trade Mark for the conversion of the
specification.
Section 97, rule 71.

IN THE MATTER OF Trade Mark No. registered in the name of in class of the Schedule.

Application is hereby made by (a) the registered proprietor of the above-numbered Trade Mark, for the conversion of the specification of the abovementioned registration (b) and the specification(s) of the Registered User(s) thereunder in consequence of the amendment of the Fourth Schedule to the Trade Mark Rules, 2001.

The specification(s) entered in the Register in accordance with the said Schedule prior to amendment is are:

It is requested that the Registrar should propose the following specification(s) in accordance with the amended schedule.

Dated this day of 200_

Signature ^(c)

Name of signatory in block letters

To, The Registrar of Trade Marks, Trade Marks Registry, Karachi.

(a) Insert the name and trade or business address of the Registered Proprietor (applicant).

(b) Cancel the words in italics if there are no registered users.

Notice of opposition to proposal for conversion of specification,

*The numbers of more than one trade mark dealt with by the same proposal may be given, provided the specifications are the same.

(a): State full name and address.
(b): Signature of the person giving notice.

FORM TM-42

Request for the consent of the Registrar to alteration of the deposited Regulations for use
of a Collective or a Certification Trade Mark.
rules 40(2) and 46.

(To be accompanied by a duplicate of the application and three copies of the Regulations

day of 200_

To, The Registrar of Trade Marks, Trade Marks Registry, Karachi.

(a): State name and address of the proprietor(s) as registered.
(b): If the same regulations apply to more than one registration, the numbers of all the registrations should be stated.
(c): State the specification f the respective registrations.
(d): Signature of the applicant.

*Additional numbers and specifications may be given in a signed schedule on the back of the Form.

Application to the Registrar for an order Expunging or Varying an entry in the Register
relating to a collective mark or certification Trade Mark or Varying the Deposited
Regulations.
rules 42 and 45.
(To be accompanied by three copies each of the application and of a statement of case)

Collective mark or a Certification Trade Mark No.

2. (b) The deposited Regulations governing the use of the above-mentioned Trade Mark may be varied in the following manner:

Signature (e)
Name of signatory in block letters

To, The Registrar of Trade Marks, Trade Marks Registry,

(a): State full name, address and nationality.
(b): Strike out either paragraph that is not applicable.
(c): Strike out one of these lines.
(d): Specify the grounds.
(e): Signature(s).

FORM TM-44

Notice under paragraph 11 of the Fourth Schedule to the Ordinance:
Claim to have registrability of the mark applied for before commencement of this
Ordinance determined under the "Ordinance (Conversion of application)

I (we) claim to have the registrability of the under mentioned mark determined in accordance with the provisions of the Trade Marks Ordinance, 2001.1 acknowledge that this notice is irrevocable.

Give details of the application you made

under Trade Marks Act, 1940: Number

Full name, address of the applicant:
Name of agent (if applicable) address for service in Pakistan which all correspondence should be sent:

Signature Name of signatory in block letters

To,

The Registrar of Trade Marks,

The Trade Marks Registry,

Karachi.

(1)

Note: You cannot amend a mark under the Ordinance, 2001. If you want to amend the mark you must file Form TM16, before or with this form.

(2) The new filing date of your converted application will be the date of the commencement of Trade Mark Ordinance, 2001.

Page 93

Fee is required to be paid for each category you have indicated

Request for information about applications and registered marks
Under Section 109

1. Give details of the application
or registration to which the Number. Class.
re uest relates .

. 2. Indicate for which category or categories of events you require notification.

(A to H as detailed below)

(A separate fee is .payable for each
category indicated)

Category -You will be notified of

A. Application published or withdrawn, refused or deemed abandoned before publication.

B. Current or future formal opposition filed against a new trade mark application.

C. Application registered or withdrawn, refused or deemed abandoned after publication.

D. Unpaid renewal (registration in additional renewal fee period).

E. Registration renewed or expired.

F. Full surrender or successful revocation resulting in the removal of a mark from the register.

G. Assignment application received.

H. Assicrnment in full or artial assignment.

If your request is for an event not listed in 2 above,
, give details here.
Full name, address and post code to which
notifications should be sent.

Signature (e)
Name of signatory in block letters

Dated this day of 200

To,

The Registrar of Trade Marks,

Specific notes: (1) Since Trade Marks Register is a public record any one can ask to be told about any action on any application or registration. The form lists the categories which you can be notified about. This form is

not open to public

inspection and information is disclosed only to the person

filing the form.

(2) A separate form should be used for each trade mark number.

A separate fee is payable for each category you want to be notified of.

(3)

If there is not enough space for your answer to any section of this form, use separate sheets. Number each one and write on the form how many extra sheets you have used.

(4)

FOIDvl TM-46

IN THE MATTER OF *the Trade Mark No. registered in

FORM TM-47

Fee: See entry NoA8 of the First Schedule

Request for entry on the Register and Advertisement of a Note of Certificate of validity by the Court under section 112, Rule 86

IN THE MATTER OF Trade Mark(s) No.(s) registered m

CIass in the name of

1 (or-We)

request the Registrar to add to the above numbered entry (entries) of (a) Trade Mark(s) in the Register, and to advertise in the Trade Marks Journal a note that in (b)

the Court

Court certified that the validity of the ,said registration(s) came into question and was decided in favour of the proprietor of the Trade Mark in the of the accompanying officially certified copy of the certificate of validity.

Dated this day of 20o_.

Signature (c)

Name of signatory in block letters

The Registrar of Trade Mflrks,
The Trade Marks Registry.

Karachi .

(a) State the name and address of the Registered proprietor.

Cb) State the nature of the proceedings, with the names of the parties to them, in which the certificate was given.

Name of signatory in block letters

To The Registrar of Trade Marks, The Trade Marks Registry,

(a): Insert full name, address and nationality. See rule 8.
(b): Insert name and address of agent.
(c): State the particular matter or proceeding for which the agent is appointed, giving the reference number if known.
(d): To be signed by the person appointing the agent.
(e): Insert the full trade or business address of the person appointing the agent.

FORM TM-49

Paragraph 5 of First Schedule, Paragraph 6 of Second Schedule, Rule 39(1) & 43 (1) (To be accompanied by a duplicate of the draft regulations and in the case of a textile mark to be accompanied by two duplicates of the draft regulations) .

Regulations for governing the use of a Collective or a Certification Trade Mark

FORM TM-50

Form of request by a Registered Proprietor or a registered Licensee of a trade mark or a

To, The Registrar of Trade Marks, The Trade Marks Registry,

*Additional numbers may be given in a signed schedule on the back of the form.

FORM TM-S l

Fee : See entry No.SO of the First Schedule

Application under section 82(2) & First Schedule to register a collective mark for a specification of goods or services included in a class from a convention country under section 25, Rules IS & 39(1) (To be filled in triplicate and accompanied by six representations of the collective mark and three copies of draft regulation with Form TM-49)

On representation to be fixed withi n this space and six others to be sent separately. Representation of the larger size may be folded but must then be mounted upon linen or other suitable material affixed thereto. See rule 17.

Application is hereby made for registration in the register of Trade Mark of the accompanying collective mark in c1ass(l) __

in respect of (2) in the name of (3) whose address is (4) .

The first application in a country to register the collective mark has been made in on .

A certified copy certified by an official of the convention country in which the first application was filed is enclosed (alongwith its translation in English).

I (we) request that the collective mark may be registered with priority date based on the above mentioned first application in a convention country under the provisions of section 25 of the Ordinance.

All communications relating to this application may be sent to the following addres; in Pakistan:

Dated this day of 2.0__

of signatory in block letter

To,

The Registrar of Trade Marks,
The Trade Marks Registry,

Karachi.

(1). Insert the serial number of the class as indicated in Schedule IV to the Trade Marks Rules.

(2). Specify the goods or services. Only goods and services included in onc and the same class should be specified. Please consult Schedule IV attached to the Rules to check the class of goods and services or the Book on International Classification of goods issued by the International Bureau for the Protection of Intellectual Property, Geneva.

(3): Insert legible the full name, description and nationality of the applicant.
(4): Insert full business address.

FORM TM-52

Application under section 83(2) Second Schedule to register a certification trade mark for specification of goods or services included in a class from a convention country under section 25, Rule 15 & 43(1).

(To be filed in duplicate accompanied by three copies of the draft regulation with

Form TM-49). On representation to be fixed within this space and six others to be sent separately. Representation of the larger size may be. folded but must then be mounted upon linen or other suitable material affixed thereto. See rule 17.

Application is hereby made for registration in the register of Trade Mark of the accompanying certification trade mark in class(1) __ in respect of (2) in the name of (3) whose address is

(4) The applicants(s) is (are) not carrying on business in the goods or

services of the kind for which the registration of the said certification trade mark is sought.

The first application in a country to register the certification trade mark has been filed in on

A certified copy certified by an official of the convention country in which the first application was filed is enclosed (alongwith its translation in English).

I (we) request that the certification trade mark may be registered with priority date_based on the above mentioned first application in a convention country under the provisions of section 25 of the Ordinance.

All communications relating to this application may be sent to the following address in Pakistan:

Dated 1bis___ day of 200__ .

To, The Registrar of Trade Marks, The Trade Marks Registry, Karachi.

(3): Insert legible the full name, description and nationality ofthe applicant.
(4): Insert full business address.

Application for registration of trade marks consisting exclusively of letters or numerals or any combination thereof relating solely to textile goods for specification of goods included in any of the items of the Fifth Schedule. (Rule 96)

(To be filed in duplicate accompanied by six additional

representations of the trade mark) . One representation to be fixed within this space and six others to be sent separately ..

Application is hereby made for registration of the accompanying trade mark in

c1ass(l)__

in respect of (2) in the name of (3)· whose address is(4) , who c1aim(s) to be the proprietor(s) thereof and by whom the said mark

-is proposed to be used(5) being used since in respect of said goods or services.

All communications relating to this application may be sent to the following address in Pakistan:

To,

The Registrar of Trade Marks,

known. The duly signed additional representation by the applicant or his agent should bear the mark, the na,me, address and description of the applicant, the description of goods or services, the item of textile goods mentioned

the Fifth Schedule, the period of use of the trade mark, the trade description and address for service in Pakistan.

Specify the items of textile goods mentioned in the Fifth Schedule conslstmg exclusively of letters or numerals os any combination thereof in respect of which application is made. A separate sheet detailing the goods or services may be used.
Insert legibly the full name, description (occupation or calling and natiQnality of the applicant. In the case of a body corporate or firm the country or incorporation or the names and descriptions of the partners composing the firm and the nature of registration, if any, as the case may be should be stated.
4. Insert full trade or business address of the applicant:
Strike out the words if not applicable. If use is claimed the date of commencement of use by the applicant should be stated.

FORM TM-S4
Fee: See entry No.53
of the First Schedule

Application for registration of a textile trade mark (other than a certification trade mark or a collective mark) containing exclusively of numerals or letters or any combination

thereof for specification of goods or services included in one item of the Fifth Schedule
under Rule 12 from a convention country under
Section 25

(To be filed in duplicate accompanied by six additional

representations of the trade mark) . One representation to be fixed within this space and six others to be sent ,

Appiication is hereby made for registration in the register of the accompanying trade mark in class(l )__ in respect of (2) in the name(s) of (3) whose address is( 4)

, who claim(s) to be the proprietor thereof and by whom the said mark is

proposed to be used(5) / being used since in respect of goods or services.

The first application in a convention country to register the trade mark has been made in on A certified copy certified by an official of the convention country in \vhich the first application was filed is enclosed (alongwith its translation in English).

I (we) request that the trade mark may be registered with priority date based on the above mentioned first application in a convention country .under the provisions of section 25 of the Ordinance.

All communications relating to this application may be sent to the following address in Pakistan:

Dated this day of 20o__

Name of signatory in block letters

To,

The Registrar of Trade Marks,
The Trade Marks Registry,

1. The Registrar's direction may be obtained if the class of goods or services is not known. The duly signed additional representation by the applicant or his agent should bear the mark, the name, address and description of the applicant, the description of goods or services. the item of texti1e goods mentioned on the Fifth Schedule, the

period of use of the trade m8.rk, the trade description and address for service in

Pakistan.

,2. Specify the items of textile goods mentioned in the Fifth Schedule consIstmg exclusively of letters or numberless or any combination thereof in respect of which application is made. A separate sheet detailing the goods or services may be used.

Insert legibly the full name, description (occupation or calling and nationality of the applicant. In the case of a body corporate or firm the country or incorporation or the names and descriptions of the partners composing the firm and the nature of registration, if any, as the case may be should be stated.
Insert full trade or business address of the applicant.
Strike out the words if not applicable. If use is claimed the date of commencement of use by the applicant should be stated.

FOR:\;1 TM-55

Signature (d.

To.

The Registrar of Trade Ma,.(s.

See section 123, rule 80

Application No ................ ,

The reasons for making application are as under:

Signature (b)

To.

The Registrar of Trade Marks, The Trade Marks Registry,

Page 104

SECOND SCHEDULE
TRADE MARKS ORDINANCE, 200 1

The reasons for making the application are as under:

Signature (c)
Name of signatory in'block letters

FORM TMA-1

SECOND SCHEDULE

TRADE-tVIARKS ORDINANCE, 200 1
Application for registration as a trade mark agent.

Rule 119

(To be filed in duplicate) I beg to apply for registration as a trade mark agent under the Trade Marks Ordinance, 200 l.

(a) A certificate of character from is enclosed herewith.

I hereby declare that I am not subject to any of the disabilities stated in clauses (i), (ii), (iii) and (iv) of rule 117 of the Trade Marks Rules and that the information given below is true to the best of my knowledge and belief:

10. Whether at any time removed from the Register of trade mark agents

The 1 [Federal Government] ,

. Through the Trade Marks Registry, Karachi.

Chief Administrative Officer of the District where the candidate usually resides, or from any other person whom the Registrar may consider fit.

(b) Either original diploma, certificates and other documents in support of qualifications claimed, or copies thereof duly attested by a Magistrate, a Notary Public or 2[person authonzed to attest documents] must be sent with the application.

3[Particulars in respect of the period of service with a registered trade mark agent or an advocate practicing before the Trade marks Registry or, as the case may be, of the post held in the Trade Marks Registry, may be specified.]

SECOND SCHEDULE TR,,\DE MARKS ORDINANCE, 200 1 Application for the restoration of the name of a person to the Agents' Registrar (Rule 123)

of agent

business

The 1 [Federal Government] ,

Through the Trade Marks Registry,

Karachi.

Form No.

(1)

0-1

l}-2

THE THIRD SCHEDULE
[Se.e rule 31

FORc\:IS TO BE USED BY HIE REGISTR.iI,.R LIST OF FORMS

Section of the Title.

Ordinance.

(2) (3) .

33(5) Notice of Non-completion of Registration.

33(4) Certificate of Registration of Trade Marks.

FORlvI O-l GOVERNMENT OF PAKISTA,l'T THE TRADE MA,:"R.KS REGISTRY, KARACHI TRADE MA...l�KS ORDINA,NCE 2001

No ............... ,. ... .... ............... Notice is hereby given, as required by section 33(5) of the Trade Marks Ordinance, 2001, that the registration of the trade mark, in respect of which application

numbered as above was made on the ------------------------day of ------------200-- has not been completed by reaso n of default on the part of the applicant.

Unless registration· is completed within twenty-one days from the date of this · notice, the application will be treated as abandoned.

Dated this ................ day of ............ ....... ....... 200 .. . ..

Registrar of Trade Marks. To,

GOVERNMENT OF PA.KISTAN
THE TRADE MARKS REGISTRY, KARACHI
TRA.DE MARKS ORDINANCE, 2001

Certificate of Registration of Trade Mark. Section 33(4) TRADE MARK No ...................... ..... . Dated.. ............."

.... , ...... ;·

Certified that

Trade Mark, of which a

annexed hereto has

been registered in Lhe name of. ............................................... ....................................... ... ..

in class ........................... ......... under No................ .......................... ...... as of the date

.............................. , .................... in respect of .................................................................... .

Sealed at my direction, this ....... ... ........ ....... . .. ............... . ...... day of . ......... ........... 200 .... .

Registrar of Trade Marks.

Registration is for ten years from the date first above-mentioned and may then be renewed for a period of ten years, and also at the expiration of each period of ten years tnereafter. (See section 35 of the Trade Marks Ordinance 200 1 and rules. 45-39(2)(b) of the Trade Marks Rules, 2003 .

Note._ Upon any change of ownership of this Trade Mark, or change m address, application should at once be made to register the change.

FOR1-1 0-3

GOVERMENT OF PAKISTAN THE TRADE MARKS REGISTRY, KARACHI TRADE WLARKS

Notice of expiration of last Registration. Section 35 (2) registered Trade Mark No ........................... . Class.......................

Notice is hereby given as required in section 35 (2) of the Trade Marks 2001, that the registration of the aforesaid trade mark will expire on

............................ ......................... and th^at the registration can be renewed for a further period of ten years on receipt in this office of an application on the enclosed form TM-12 accompanied by the prescribed fee of Rs .............................................. on or before the

said date.

FORM 0-4.

GOVERl'l'MENT OF P AKIST AN
MIN STRY OF COMMERCE
TRADE MARKS ORDINANCE, 2001
Certificate of Registration as a trade mark agent
[Rule 121]

No ........................... .

This is to certify that.......................... of

was registered on this........................... ............... ..day of ........... ..... ... .............200 ...... , in the Register of trade mark agents maintained under rule 115 of the Trade Marks Rules, 2003.

Registrar of the Trade Marks, Government of Pakistan.

THE FOURTH SCHEDULE [SEE RULES 11, 71 AND 88]

CLASSIFICA TION OF GOODS AND SERVICES

Names of the Classes (Parts of an artic le or apparatus are, in general, classified with the actual article or apparatus, except where such parts constitute articles included in other classes) .

1. Chemicals used in industry, science and photography, viell as agriculture, horticulture, forestry; manures (natural and artifician( � fire extinguishing compositions, tempering substances and chemicals preparations for soldering, chemicaL substances for preserving tanning substances, adhesives used in industry, unprocessed artificial resins; unprocessed plastics.
Paints, varnishes, lacquers, preservatives against rust and against deterioration of wood, coloring matters, dyestuffs; mordents; raw natural resins; metals in foil and powder form

3 Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery,

oils, cosmetics, hair lotions, dentifrices.

4. Industrial oils and greases (other than edible oils and fats and essential oils) ;
Pharmaceutical, veterinary and sanitary substances; infants' and invalids' foods; dietetic substances adapted for medical use; plasters, materials for bandaging; material for stopping teeth, dental wax, disinfectants, preparations for killing weeds and destroying vermin; fungicides, herbicides.
6. Common metals and their alloys, anchors, anvils, bells, rolled and metal building materials, transportable building of metals; materials of metal for railway tracks,

(except driving chains for vehicles); non-electric cables and wires of common metal; locksmith' s work; metallic pipes and tubes; safes and cash boxes; steel balls; horseshoes; nails screws; ironmongery;

items of metal hardware; other goods in non-precious metal not included in other classes; ores.

Machines and machine tools, motors and engines (except for vehicles), machine coupling and transmission components (except for land vehicles) agricultural implements, incubators for eggs.
Hand tools and implements (hand-operated); cutlery, forks and spoons; side arms;

razors .

Scientific, nautical, surveying and electrical apparatus and instruments (including wireless), photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments, coin or counter-freed apparatus; talking machines; cash registers, calculating machines, apparatus for recording, transmission reproduction of sound or images, magnetic data carriers, recording discs, mechanisms for coin apparated apparatus, computers; fire extinguishing apparatus.
Surgical, medical, dental and apparatus, artificial limbs, eyes and teeth, orthopedic articles; suture materials.
Apparatus for lighting, heating, ventilating, water supply and sanitary purposes.

IP /N1 l/P AK1I12 Page 111

12. Vehicles, apparatus for locomotion by land, air or water.

13.

Precious metals and their all oys and goods in precious metals or coated therewith (except cutlery, forks and spoons), jewellery, precious stones, horological and other chronometric instruments.
Musical Instruments (other than talking machines and wireless apparatus).

16. Paper and

paper articles, cardboard and cardboard art icles; printed matter, newspapers and periodicals, books; book-binding materials, photographs, stationery, adhesives materials (stationery), artists' materials, paint brushes, typewriters and office requisites (other than furniture) , instructional and te aching material (other than apparatus), playing cards; (printers') type and (stereotype); plastic materials, for packaging (not included in other classes) .

'17. Gutta percha, rubber, balata and substitutes, articles made from these substances and not included .in other classes, materials for packing, stopping or insulating, asbestos, mica and their products; hose pipes (non-metallic) ; plastics in extruded form for use in manufacture.

18. Leather and imitations of leather, and articles made from these materials, and not included in other

animal skins, hides, trunks and travelling bags, umbrellas, parasols and walking sticks, whips, harness and saddlery.

19. B uilding materials (non-metallic), natural and artificial stone, cement, lime, mortar, plaster and gravel; pipes of earthenware or cement; road-making, materials; asphalt, pitch and bitumen, portable buildings; monuments; not of metal, chimney pots; non-metallic rigid pipes for building; non-m etallic;

transportable buildings.

20. Furniture, mirrors, picture frames; articles (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of

pearl, meerschaum and substitutes for an

materials, or of plastics..

household and kitchen utensils and containers (not of precious metal or coated therewith), combs and sponges, brushes (other than paint brushes), brush-making matelials, articles for cleaning purposes, steelwool, glassware, porcelain and earthenware not included in other classes ; unworked or semi-worked glass (except glass used in building).
Ropes, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw fibrous textile materials.

23. Yarns and threads, for textile use.

24. Textiles and textile goods, not included in other classes, bed and table covets.

CloL.ing, footwear, headgear.

26. Lace and embroidery, ribbons and braid, buttons , hooks and eyes, pins and needles, artificial flowers. Carpets, rugs, mats and matting, linoleum and other materials for covering existing

floors, wall hangings (non-textile).

28. Games and playthings, ^·gymnastic and sporting articles not included in other classes, decorations for Chris^tmas trees.

Meat, fish, poultry and game, meat extracts, preserved, dried and cooked fruits and vegetables, jellies, jams, fruit sauces, eggs, milk and milk products; edible oils and fats; pickles.

Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, biscuits, cakes, pastry and confectionery, ices, honey, treacle, yeast, baking-powder, salt, mustard, pepper, vinegar, sauces, (condiments ), spices; ice.
Agricultural, horticultural and forestry products and grains not included in other classes, live animals, fresh fruits and vegetables, seeds, natural plants and flowers, foodstuffs for animals, malt.

Beers, mineral and aerated waters and other non-alcoholic drinks, syrups and other preparations for making beverages; fruit drinks and fruit juices.

33. Alcoholic beverages (except beers) .

34. Tobacco; smokers' articles, matches.

36. Insurance, financial affairs; monetary affairs; real estate affairs .

. 40. Treatment of materials.

41. Educati on , providing of training, entertainment, sporting and cultural activities.

Providing of food and drink, temporary ac commodation, medical, hygienic and beauty care, veterinary and agricultural services, legal services; scientific and industrial research; computer programming, services that can not be classified in other classes.

IPlN/llP AKlI/2 Page 113

THE FIFTH SCHEDULE

[See rule 96]

No. of item

Grey Longcloth. Shirtings, Cellular, Limbric, Poplin; Sheetings, Printers and Leopard Cloth - Including all abovementioned gray cloth, with no colour in the body except a woven coloured heading.
2. Grey Drills, Jeans and Duck -Including only gray cloth and not striped drills with gray grounds.
Grey Twills.
4. Grey Salitha, T -Cloths and Domestics.
Grey Coarse Cloth.
Grey Chadars of Plain Weave and Khadi Chadars -Including all chadars of plain weave with no in the body but with or without a woven coloured heading or fancy heading, but not including check Chadars and striped Chadars.
Grey Chadars of Twill Weave the body except a woven coloured heading.
Grey Dhoties including Tahmad. This item relates only to gray ground dhoties (of all dimensions) with or without artificial silk, coloured yarn, folded yarn, or printed boders and headings).

Grey Dosuti.
Grey J aconets, J agannathi, Mulls and Mulmulls.
Grey pagree Cloth.
Grey Matting Weave and Canvas including Filter cloth.

14. Sambura Cloth -Grey Drill with red and black headings and coloured runner in the centre.

15. Whole Grey Dobby Cloth and Doria.

16. Bleached Longcloth, Shirtings, Cellular, Limbric, Poplin, Sheetings and Printers -Including all the above mentioned plain cloths with no colour in the body except a woven coloured heading.

Bleached drills, jeans and Duck -See note under item 16.
18. Bleached Twills-See note under item 16. This item does not include Striped Twills on bleached ground.

19. Bleached T Cloths and Domestics -See note under item 16.
Bleached Coarse cloth -See note under item 16.
Bleached Chadars -Including chadars of plain and twill weave.
Bleached MulJs, Jaconets and Nainsooks -See note under item 16.
23. Bleached Madapollams and Cambrics -See note under item 16.
Bleached Dhoties includiJ).g Tahmad -This item relates

25.

stripes or checks.

Bleached Matting Weave and Canvas -See note under item 16.
Bleached Pagree Cloth -See note under item 16. ,31. Embroidered Voiles, Muslims etc. Bleached.

32. Bleached Flannel and Flannelettes and all bleached cloths raised on one side kind cotton Velvet.
33. Dyed Longcloth. Shirtings, Cellular, Limbric, Poplin and Sheetings Including the above mentioned cloths dyed in L1.e piece.

36. Dyed T -Cloth and Domestics -See note under item 33.

37, Dyed Coarse Cloth -See note underitem 33,

Dyed Chadars -See note under item 33.
39. Dyed Dhot ies including Tahmad, Saries and Shawls -This item includes dhoties, saries or shawls dyed in the piece.
40. Dyed Fa ncies -Including fancies with single colour warp or weft fancie s or printed yarn in the warp or weft or both.

41 . Dyed Pugree Cloth -See note under item 33.

42. Dyed Voiles -Including bordered voiles.

43 . Dyed Flannelettes -Including Grey and self-coloured Flannelettes and all dyed

Dyed Mulls.
Dyed Umbrella Cloth .

46. Coatings and Traouserings (including Sholapuri, Chennai, Cloth, Sunproof cloth, Tussore,

Cloth, Serges. Thana Cloth, Malatia and Corduroy) In addition to the goods includes cotton dyed coatings and coatings with artificial silk in the warp or in the weft as stripes Of" checks, either alone or in combination with dyed cotton yarn.

47 . Striped Drills and Jeans and Striped Twills -Including striped drills or twills with gray, bleached or coloured ground.

48. Bed ticking -With coloured warp and gray or bleached weft.

49. Striped Coarse cloth -Including bou gray and bleached grounds.

50. Striped shirtings, Striped Susis and Striped Zephyrs etc., with gray bleached

goods.

51. Check shirtings . Check Susis and Check Zephyrs -See note under item 50.

52. Check Chadars -Including plain check chadar and twill check chadar on gray, bleached or coloured grounds.

Lungis and Sarongs.
Woven coloured Saries and Scarves -(This includes saries and scarves with striped or check grounds, but does not include saries and scarves in which there is artificial

56. Artificial Silk Striped Shirtings -This includes (a) artificial silk shirtings with an artificial silk warp and weft. (b) an artificial silk warp. Or (c) artificial silk only in stripes, either alone or in combination with coloured cotton yarn.

57. Artificial Silk Check Shirtings -On gray white and coloured grounds.

58. Artificial Silk Brocads and 'All over Styles'.

59. Artificial Silk Dhoties. Saries and Scarves and Cloth includes dhoties and· saries in which an artificia l silk warp or weft or both are used. It does not include dhoties, etc. in which artificial silk is used only in the borders) .

60. Crepe Cloth -Grey. Bleached and dyed. This item also includes crepe cloth yarn printed.

61. Dyed and striped Dosuti -Including striped Dosuti bleached in the p iece.
Printed dhoties, Shawls, Rumals, Saries and other printed garments -Including Voile

Saries also.

63. Printed Shirtings, Cellular, Limbric, Poplins and Sheetings -Grey bleached and dyed grounds.

Striped, Check and printed Flannelettes.
Pure Silk Saries.
Leno and Moskleno, Bandage cloth -Grey bleached dyed or striped including Gauze
Terry Towels including to we ling cloth -Grey, bleached dyed printed, striped or checked.
68. Buckaback towels including toweling cloth -Grayed bleached dyed printed striped or checked.
69. Honey Comb Towels including towel ing cloth -Grey, bleached dyed, printed, striped or checked.
All other towels including toweling cloth.
(a) Dusters, Handkerchiefs, Rumals and Glass Cloth (serviettes)

(b) Table cloth and table covers, napkins.

72.

-Grey, bleached or coloured.

73. Blankets and Malida Cloth -All types. including cotton and wool union blankets and shawls not dyed or printed) or lohis of any fibres.
Durries and carp.ets including Satranji (floor carpets).
75. Dyed and coloured Canvas -Dyed or woven coloured.
Artificial Silk Zephyrs, Alpaca, Crepe, etc -Plain and Fancy grounds (whole colour and unstriped).
Motor hood cloth.
78. Buckram cloth -gray, bleached and dyed.
Striped voiles -Bleached and/or dyed in the piece.

Mookta cloth -This cloth is woven with cotto.n warp and flax weft.
82. Artificial silk Tapestry and Upholstering Fabrics, including cotton furnishing fabrics and casement cloths -Grey, bleached, dyed and printed.

83. Bedford Cord -Bleached and dyed.

Printed Crepe -Grey, bleached or dyed grounds.

Pure Silk shirtings -Plain, striped or checked.

Corded Voiles -Bleached, coloured, printed kind bordered.
Printed Boski -Artificial silk warp, weft or both.

IPIN/ lIP AKlII2 Page 117

90. Artificial silk striped Voiles -Grey, bleached and dyed, voiles with artificial silk stripes in the body of the cloth.

91. Bordered voiles

92. Artificial Silk Satins - Including satins made from 100 per cent silk or artifi.cial silk in the warp or weft.

93. Check Voiks Grey. bleached and dyed (This item contains

bleached or coioured grounds with check designs all over the body of the doth).

94. Grey Flannelettes -Including all gray cloths raised on one side and cotton velvet.

THE SIXTH SCHEDULE [See rule 82]

Scale of costs allowable in proceedings before the Registrar (rule 83)

Serial Matter in respect of which cost is to be Amount ' No. awarded. (Rs)

(1) (2) (3)

For one day's hearing involving 1,200/Examination of witness.
For one day's hearing when there is no 500/ examination of witnesses.

3. For adjournment of hearing granted on 5001-Plus cost of re-summoning the

the petition of any party. other parties, witnesses who were due.to be examined on the day.

4. For striking out scandalous matter from 200/

an affidavit.

5. For attendance of witnesses-

Subsistence allowance .. 500/Travelling allowance-
By Train ..

Actual each

below) .

By road ..

At 5/-per mile Evide Note below).

6. Commission for examination of 5°91-for each dy's sitting.

NOTE:-The rates of subsistence allowance and travelling allowance for witnesses shall vary according to the status of the witness, subject to the maximum prescr ibed

above.

THE SEVENTH SCHEDULE

[See rule 101(1)]

List of Associations referred to in rule 10 1 (1)

Sr. Number of persons No .. Names of Associations. to be recommended.

Federation of Pakistan Chambers of Commerce and Industry, Karachi ... ..
Chamber of Commerce and Industry, Karachi .. 1
All-Pakistan Textile Mills Association, Karachi . 1
Pakistan Cotton Ginners Association, Hyderabad
Pakistan Yarn Merchants Association, Karachi 1
Pakistan Silk & Rayon Mills Association, Karachi 1
Pakistan Hosiery Manufacturers Association, 1 Karachi ..

8. Pakistan Woolen Mill Owner's Association 1 Rawalpindi.

[F.No 2(6)98IWTO.III]

Règlement de 2004 sur les marques de fabrique ou de commerce, Pakistan

Documents disponibles