A Trade Mark is a symbol in the form of a word, a device, or a label applied to articles of commerce with a view to indicate to the purchasing public that is a good manufactured or other wise dealt in by a particular person as distinguished from similar goods dealt or manufacture by other persons.
The object of Trade Mark is to deal with the precise nature of the rights which a person can acquire in respect of a TM-The mode of acquisition of such rights -the method of transfer of those rights to others-the precise nature of infringement of such rights-and the remedies available in respect thereof.
A good trademark should be easy to pronounce and remember if it is word mark. In case of a device mark -should be capable of being described by a single word / not descriptive and easy to spell. It should be appealing and not belong to the class of marks prohibited for registration that should satisfy the requirements of registration.
Functions of a Trade Mark:
1. It identifies the product of its origin.
2. It guaranties its unchanged quality.
3. It advertises the products.
4. It creates an image for products.
Trademark is a major asset of any company. Hence ‘ trademarks management ‘ in an enterprise comprises two aspects:
1. Trademark Policy.
2. Trademark Protection.
Trademark policy is a marketing function. Normally the marketing personnel of an organization will take care of this trademark policy letter known as ‘Brand Management’. Trademark protection is a legal function .and in the Pakistan TM register under the intellectual property organization (IPO) and on international basis it may be register country to country and in world intellectual property organization (WIPO).
Information Required:
5. Full name and address of Applicant.
6. Specification of goods or services specified in terms of individual names.
7. Class; International Class of goods and services.
8. Mark-character, device, figure, three-dimensional mark, logo and/or color.
9. Prior use is not required to file an application.
10. Details of Convention Priority, if any- first filed country, filing number and date; the term of priority is six (6) months.
Documents Required :
1. Power of Attorney (neither notarization nor consular legalization required) to be executed by an individual or a representative of a corporation.
2. Certified copy of the application which is the basis of the Convention priority (if applicable) may be filed within three (3) months from the Pakistani filing date.
3. A clear print of the mark or 10 prints of color mark (not larger than 7cm x 7cm).
