IPO- Intellectual Property Organization provide the proper mechanism to protect the rights regarding the Intellectual Property, here we will provide the complete the guideline about registration and its different modes;
Introduction of Trademark:
Trademark, that can be a word, phrase, symbol and/or design that identify and distinguish the source of goods of one party from the others.
Service mark, that can be a word, phrase, symbol and/ or design that identify and distinguish the source of a service rather than the goods and also one party from the others.
Trade Marks Registry (TMR) is a premier body of Int
http://www.ipo.gov.pk/ipo.php?do=NTE=ellectual Property Organization of Pakistan (IPO-Pakistan) that is working for the registration of trade mark and service mark as well under the Trademarks Ordinance, 2001.
Registration of trade mark:
Filing a Search Application:
There are two methods of search as follows:
Search Application through Form TM-55:
- One Search Application Form TM-55 would be applicable for one trademark search in any one class only. http://www.ipo.gov.pk/ipo.php?do=Nzc=
- Search Form TM-55 should be accompanied with two representations of the mark (each representation should be mounted on a sheet of strong paper)
- Search fee amounting to 1000/- PKR should be submitted in the form of Pay order/ Bank draft made in the name of Director General IPO.
Form TM-55 is very easy to fill, just need to follow the instructions which mentioned in the Form.
- Mention the class. http://www.ipo.gov.pk/ipo.php?do=MjUw, http://www.ipo.gov.pk/uploads/CMS/(333)NiceClassification.pdf
- Specify the goods “mention the name which needs to be registered”.
- Signature of the applicant.
- Address “mention the address of the business place whose trademark needs to be registered”.
Personal Search Facility:
Personal Search Facility for quick information is available at Trade Marks Registry, receipt of bank draft amounting to Rs. 200/- for 15 minutes per client.
After completion the Search process File the application for registration.
Application for Registration: In case of Individual
- Fill TM-1 Form for Applying Registration of Trademarks. http://www.ipo.gov.pk/ipo.php?do=Nzc=
- TM-1 in duplicate along with six additional representations affixed on a durable paper of 13×8 inch should be filed.
- Application should be made for specification of goods or services in any one class i.e. separate applications for separate classes.
- Please see Schedule IV of Trade Marks Rules, 2004, for classification of goods and services. http://www.ipo.gov.pk/ipo.php?do=MjUw, http://www.ipo.gov.pk/uploads/CMS/(333)NiceClassification.pdf
- Insert Full name, Description and Nationality of the applicant.
Please read the form carefully before filling all the instructions are mentioned on the form TM-1.
In Case of Firm or Private Limited Company:
- In the case of a firm, the Full Name and Nationality of every partner/director should be stated.
- Add the full business address of the firm/private limited company.
- The address given should be complete for the purpose of easy location of the place.
In Case of Series of Marks:
- If the mark is in the form, of series, then indicate the number of series.
- Indicate domain name is in respect of goods or services.
In Case of Colored Mark:
- If the mark is in color, then color may be claimed. In this case, the applicant shall have right to use only the claimed colors in his/her mark.
In Case the Colored Mark not claimed:
- If no color is claimed then mark may be used in any color.
Signature of applicant is required with his/her designation.
- If the mark is owned by an individual, he must sign it.
- If owned by firm, then signed by the managing partner.
- If the applicant is a limited company, then signed by the managing director or Directors).
Application Being Filed Through an Attorney:
Where the application is being filed through an attorney, a power of attorney on Form TM-48 printed on Stamp Paper amounted Rs. 1000, must be stamped and notarized must accompany this application.
Applicant is Foreign National:
If the applicant is foreign national, he should file application through their duly authorized attorney or advocate in Pakistan.
If the Mark is In a Language other than English or Urdu:
If the mark is in a language other than English or Urdu, its translation and transliteration in the form of an affidavit from the applicant must accompany this application.
Please submit Pay Order / Bank Draft amounting to Rs. 2000/- from scheduled bank in the name of Director General, IPO-Pakistan for one mark in one class only.
Process of Registration:
- Cash receipt and trademark number is allotted to the applicant when the application is received;
- The Acknowledgement Receipt by the Trade Marks Registry is issued to the applicant within 10-15 days of filing an application;
- Examination Report is generated after 3 months of filing an application. If there are any objections on the applied trademark, they are communicated to the applicant immediately in the form of a Show Cause Notice. The applicant is required to submit a reply within two months from the date of issuance of a Show Cause Notice;
- If there are no objections, application will be published in the Trade Marks Journal. If no oppositions are filed to the published application within two months from date of publication of the Trade Marks Journal, the application stands accepted and Demand Notice is issued to the applicant requesting him/her to submit Form TM-11 along with registration fee amounting to 6,000/- from scheduled bank in form of a pay order/ bank draft in the name of Director General IPO-Pakistan for issuance of the Registration Certificate;
- On the receipt of registration fee, the Registration Certificate is issued by the Registrar of Trademarks.
COPY RIGHTS REGISTRATION:
Following work is available for the Registration of copyright:
- Literary, Dramatic & Musical work including computer program/computer software and compilation data.
- Artistic works.
- Cinematographic work including VCD, DVD etc.
- Record work including audio cassette, CD.
Procedure for registration:-
- 03 copies of application from-II in prescribe pro forma.
- 1000 registration fee in the form of a demand draft/pay-order in the name of Director General IPO-Pakistan.
- 03 copies of artist work.
- NOC/ Affidavit for transfer for copyright from artist or the person who created the work.
- Undertaking/Affidavit for original creativity of the work by the applicant.
- The applicant is required to advertise artistic work in any Urdu or English language daily news paper, where the applicant resides or caries on business within 30 days of filling of application and send to copies thereof to the registrar of copyrights.
- 2copies of literary work published or unpublished(manuscript).
- NOC for assignment of copyright from the all contributors (performer, singer, lyric writer, musician etc) of the work in favor of the applicant. (if any)
Record & cinematographic:
- 02 copies of work in the form of VCD/DVD/audio/video cassette etc.
- NOC of assignment for copyright from the all contributors (performer, singer, lyrics, writer, musician etc) of the work.
Format of affidavit of self creation:-
“FOR ARTISTIC WORK ONLY”
I,__________ Son of, ________________ holding of CNIC# _______________ Religious, adult, Pakistan National, Resident of ________________state on oath and declare as under:-
- That the artistic work/label designee/monogram/logo/photograph/calligraphy under the title of “________________” applied for registration of copyrights in the copyright Office, intellectual property organization, government of Pakistan, Karachi is my original creation (created in the years___________) and is neither copy nor imitation of work of any author.
- That is the best for my knowledge there is no other person who is interested in copy rights of the above title/work.
- That in case above deceleration is found to be false or incorrect, copyrights if granted is liable to be cancelled in addition to any other action permissible under law including but not limited to black listing the author in future artist work.
- That the content in Para no.1 to 3 above are true and correct to the best of my knowledge, information and belief.
Dated this __________________ day of __________________ .
“AFFIDAVIT / NO OBJECTION CERTIFICATE”
I,__________ Son of, ________________ Holding of CNIC _______________ Muslim, adult, Pakistan National, Resident of ________________state on oath and declare as under:-
- That I am professional artist designer and working under name & style trading as M/s,____________________.
- That as per instructions of Mr. / M/s.________________ I have created /designed the artistic work / label / design / monogram / logo / calligraphy under the title of
- That the artist work / label design / monogram / logo / calligraphy under the title of _________________ applied for registration of copyrights in the copyright office, intellectual property organization, Government of Pakistan, Karachi by, _________________ is my original creation (created in the year _________________) and neither copy nor imitation of work of any author.
- That I hereby undertake that I have received my full and final remuneration from Mr. _________________ and there is nothing any dues in the subject matter with M/s
- That to the best way if my knowledge there is no other person who is interested in copyright of the above title and work.
- That in case above declaration is found to be false or incorrect, copyright if granted is liable to be canceled in audition too any other action permissible under law including but not limited to black listing the author in future artistic work.
- That the content in Para No. 1 to 6 above are true and correct to the best of my knowledge , information and belief.
“AFFIDAVIT / UNDERTAKING”
I, _______________ son of, _________________ ,holding of CNIC # ”__________”, Muslim, adult, Pakistan National, resident of, _________________ state on oath and declare was under.
- That the artist work /label design / monogram / logo / calligraphy under the title of _________________ applied for registration of copyrights in the copyrights office, intellectual property organization, government of Pakistan, Karachi is original creation (created in the years_________________) and is neither copy nor imitation of work of any author.
- That to the best of my knowledge there is no other person who is interested in the copyrights of the above title and work.
- That in case above declaration is found to be false or incorrect, copyright if granted is liable to be cancelled in addition to any other action permissible under law including but not limited to black listing the author in future artistic work.
- That the content in Para No. 1 to 3 above are true and correct to the best of my knowledge, information and belief.
“FORMAT OF ADVERTISEMENT”
ADVERTISEMENT FOR THE REGISTRATION OF COPYRIGHTS.
(Under the proviso to sub-section (2) of section 39 of the copyright ordinance, 1962 read with rule-4 (3.A) of copyright rules,1967)
SPACE OF ARTISTIC WORK:-
General public and all concerned person are hereby informed that we/our client M/s. _________________ have applied for registration of copyrights of above artistic work/label design / logo / calligraphy / under the title of _________________ in the copyright office, Government of Pakistan, Karachi, Lahore, Islamabad on _________________.
any person and authority having any interest, claim, right, lien, objection, or whatsoever should file objection in writing if any, within one month of the publication of this advertisement to the registrar of copyrights, copyright office, Government of Pakistan, intellectual property, organization, Ground floor Liaquat memorial library building, stadium road, Karachi. Ph#021-99230140-41
What is Patents:
A patent is grant of exclusive rights for an invention to make, use and sell the invention for a limited period of 20 years. The patent grant excludes others from making, using, or selling the invention. Patent protection does not start until the actual grant of a patent.
In order to be patentable an invention should have the following characteristics:
- The invention should be process or product
- The invention should be novel or new
- It involves an inventive step
- It is capable of industrial application
There is some sort of incentives for filling the patent application;
That cannot be patented as follow;
- Discovery, scientific theory, law of nature or mathematical method.
- Literary, dramatic, musical or artistic work or any other creation of purely aesthetic character whatsoever.
- Scheme, rule or method for performing a mental act, playing a game or doing business.
- The presentation of information, computer software.
- Exist in nature or isolated form.
Patent applications are examined under the Patents Ordinance, 2000 and Rules, 2003 there under for both technical and legal merits.
Registration of Patent:
Patent applications can be applied in the following manners:
- An ordinary patent application with “provisional or complete specification”, which is dated as of the official date of the application for the patent.
- A convention patent application claiming “right of priority”, which is dated as of the official date of the corresponding application for patent first made in a country which is the member of WTO (World Trade Organization).
- Application for a patent of addition, for improvement or modification of an invention for which a patent has already been applied for or granted.
File First and Publish Later:
Publish later another important aspect when you posses an invention, is that you do not publish the invention in any way before filing the patent application. A patent can only be granted for an invention that has not yet been disclosed to the public, neither in writing nor orally. The right way is to first file application and then publish.
Steps for filing Patent Application:
- Prepare a Patent specification.
- Draft High-quality writing which clear the terms will be bound.
- Begin with title and at the end signed by the applicant.
- Print on one side paper.
- A4 size paper with minimum margins 2cm from top and bottom, 2.5cm from left side and 2cm from right side.
Please draft your complete-patent specification with following contents:
- Title of invention: Title of the invention sufficiently indicates the subject matter of the invention. It is best to avoid being overly narrow or broad in the invention’s title.
- Abstract: It includes all the important technical aspects of your invention. Abstract shall commence on a new sheet. The abstract 6 normally consists of not more than 2 pages. Abstract should mention those technical features of invention which are disclosed in detailed description part of the invention. It is advisable after writing abstract check all this disclosed in description part of the specification.
- Field of the invention: what area does the invention relate to? For example, for a new accessory for a motor car you may write “this invention relates to motor cars, more specifically an accessory for a motor car”.
- Background of the invention: why is the invention necessary or useful, and what has it developed out of? Continuing with the motor car accessory example, it may be that your accessory is an improvement on a previously existing accessory. Here you can discuss why the improvement is needed. It is important to discuss some ‘prior art’ here – patents that have already been filed by someone else relating to your idea. The background part may conclude with a short, crisp statement about the shortcomings of the prior art but this must be written in a manner that does not disclose the solution to be described later in the application. It should instead be written in a manner that makes the typical reader think: How anyone could ever solve this problem! It is advised don’t spend too much time preparing the background. A good rule of thumb is no more than a maximum of two pages and/or no more than 10 percent of the total content of the application. To find relevant prior art it is advised to perform a patent search in patent databases and non Patent literature.
- Detailed Description: How exactly does your invention work? Here you should describe in detail the exact components, systems, 7 methods and so on that make your invention work so that someone else skilled in the area would be able to reproduce it using your instructions. In drafting the detailed description part, avoid using phrases such as “the invention is…” instead of it use phrases like “in an embodiment of the invention.” This will ensure that patent claims receive the broadest interpretation possible. This part of the specification is generally presumed to disclose “an embodiment” of the invention rather than the invention itself. Please note that an embodiment by definition is a manner in which an invention can be made, used, practiced or expressed.
- Claims: precise legal statements in the form of single sentence that define the scope of your invention. Claims shall commence on a new sheet. The Patent application must end with one or more claims, at least one independent claim and other dependent claims. Usually begin with “I or We claim,” and should be sequentially numbered and be presented in order from broadest to narrowest. It is advisable that one of the first things to do is to prepare the claims for the invention. If the claims are prepared before drafting the other parts of specification you will know better which terms need to be described in the specification. Preamble or opening statement of the claim(s) must indicate whether a process or product feature of invention is claimed. Example I claim 1. A device, comprising: a pencil; and a light attached to the pencil. 2. The device as claimed in claim 1 wherein the light is detachably attached to the pencil. 3. The device as claimed in claim 2 wherein the pencil is made of wood. 8
- Drawings: what does your invention look like? Patent application is required to contain drawings, if drawings are necessary to describe the invention especially product inventions other than chemicals. Drawing(s) should commence on separate sheet(s) and the minimum margins shall be as follows,- Top 2.5 cm Left side 2.5 cm Right side 1.5 cm Bottom 1.0 cm Execute the drawings without coloring in durable, black, sufficiently dense and dark, uniformly thick and well-defined lines and strokes to permit satisfactory reproduction. Flow sheets and diagrams are also considered as drawings for this purpose. Please write in the left-hand top corner of the drawing the name of the applicant and in the right-hand top corner the number of sheets or drawings and the words ‘original’ or ‘true copy’ as the case may require. Similarly in the right-hand bottom corner the signature of the applicant or his Agent is required. Please do not write the title of the invention or any descriptive matter on the drawings. Only numeral references may indicate different parts of diagram (For further details, please see Rule 11 of the Patent Rules 2003). You have to mention reference to the drawing(s) in specification under the heading Brief description of drawings and further elaborate your invention with the help of drawings.
Preparation of Provisional Patent Specification: Option for filing provisional specification is a quick and inexpensive way for inventors to establish a filing date for their in-process invention, which can be claimed later, by filing a complete specification within 12 months. You can file a provisional specification without many of the 9 formalities required for a complete specification. Provisional specification must include contents of complete specification but you may file claims and drawings later on, because provisional specifications are not examined in the Patent Office. An applicant who decides to initially file a provisional specification must file a corresponding complete specification during the 12-month from the filing date, failure to which the provisional specification will automatically abandoned after 12 months of its filing date. A complete specification is examined by a patent examiner. If your invention does not meet the prescribed requirements of patentability or if your application has other limitation, the patent examiner will send you an official communication which is generally referred as Examination Report informing you of any deficiencies. You then have the opportunity to respond and to remedy deficiencies. When all the requirements are met, the patent application proceeds for acceptance
How to fill the Forms: Please submit two (02) copies of duly filled in Application Forms which are as follows:-
For Non-Convention applications (application without priority)
- Duly filled in Form P-1 (in case when inventor is sole or joint applicant) or Form P-1A (in case when inventor or inventors is not a party to application and application is being filed by assignee or company / organization etc).
- Duly filled-in Form P-3A (in case of Complete Specification) or P-3 (in case of Provisional/Incomplete Specification).
Please note that Form P-3/P-3A is the first page of the specification.
- Form P-28 for authorization of patent Attorney/Agent (if any).
- For applicant being a student or employee of institution like University, Research institutes and organizations, a NO OBJECTION CERTIFICATE (NOC) from the respective department should be produced.
For Convention applications (application with priority)
Convention application means an application made in Pakistan within twelve months after the date of an application made in a Convention country, whether claiming single or multiple priorities from such application. Convention country means a member country of the World Trade Organization or a country declared as such under section 86.
- Duly filled in Form P-2 (in case when inventor is sole or joint applicant) or Form P-2A (in case when inventor or inventors is not a party to application).
- Duly filled in Form P-3A (complete specification)
- Form P-28 for authorization of patent Attorney/Agent.
- Priority document (if the document is in any other language then English translation verified by the affidavit should be provided) It is recommended that an e-mail or telephone number of the applicant should also be given, in case of any concerns or questions regarding your documents.
How to pay the filing Fee:
- The following filing fees are applicable in the form of pay order or demand draft from scheduled bank in favor of Director General, IPOPakistan:
- In case of complete specification Pak. Rs. 4500/-
- In caseØ of provisional specification Pak. Rs. 1350/-.
- For each additional page of specification beyond 40 pagesØ Rs. 60/-
- For each additional claim beyond 20 claims Pak. Rs 150Ø Basic filing fee Rs 4500/- is acceptable for complete specification having 40 pages and 20 claims.
You have to pay additional filing fee if specification exceeds 40 pages and claims are more than 20 as mentioned above.
Please note that filing fee is non refundable. List of all Patent Forms and Fees is available on IPO’s website http://www.ipo.gov.pk/ipo.php?do=MTc1
- Form P-1 or Form P-1A application without priority 02copies
- Form P-2 or Form P-2A application with priority 02copies
- Form P-3 or Form P-3A
(For provisional or complete specification) 02copies
Patent Specification 02copies
- Drawing(s), (if any) 02copies
- Pay order or demand draft original
- Form P-28 (power of Attorney) (if any) original
- Priority document (for convention application) 01 copy
- NOC (if applicable) 01 copy
Patent application can be filed by mail or hand delivery on the IPO Regional offices.