Law Of Trademarks

Law Of Trademarks Strategy

Trademark is a unique mark that represents the business of its owner. Trade mark can be name, symbol or muster of both and is registered with Intellectual Property Organization in Pakistan. Registering a Trademark offers the owner or proprietor of Trademark to display and use the same without fear of any third person using the same to take undue advantage over business of owner or proprietor. Registration of Trademark gives owner or proprietor exclusive right to use, assign or license such mark without which no person could legally use the mark closely identical or similar to registered Trademark in a particular classification in which it is already registered. Here is a link for the complete procedure for registration of trade mark in Pakistan.

Project summary :

If you are aggrieved from some person’s act of using similar or identical Trade mark, our professional lawyers can assist in protecting your legal right. We can help you in protecting your goodwill in business. We can not only assist you in preventing the perpetrator from using similar, identical or deceptive logo or mark, but also proceed to initiate criminal proceedings against him not limited to Registration of FIR but also to proceed claim of damages in the Court of relevant jurisdiction.

Over the period of time, it is now established that Intellectual property issues are of paramount important for success of any business brand. Our foreign qualified lawyers at The Nomologist Law Firm help clients register and subsequently protect and enforce their Intellectual property not limited to trademarks against all or any deceptive display or use of identical or similar marks. Another edge our IP lawyers have over other is because of routine encounter with IPO cases that let us edge over others. The Nomologist Law Firm intellectual property lawyers’ main deal is to secure the IP Rights for our clients so as to offer outmost benefit from business competition in local market. Our quality of service also comes with very cost-effective tariff.

INFRINGEMENT OF TRADE MARKS

Owner or proprietor of registered Trademark are protected under Section 39 and 40 of the Trade Marks Ordinance 2001 which provide that any person who uses or display the mark for a business, which is similar or identical to goods or services for which that mark has been registered, such act shall be deemed to be the infringement of the registered trademark under Section 40.

ACTION FOR INFRINGEMENT

Different remedies available to proprietor or owner of Trademark are provided under Section 46 as follow:

•Damages;
•Injunctions;
•Rendition of Accounts; or
• Any other remedies which are available to the person having some other property rights.

Holistic reading of The Trade Marks Ordinance 2001 confirms that both civil and criminal remedies are available to owner or proprietor who is aggrieved of infringement or passing-off of Trademark.
It is the IP tribunal which has exclusive jurisdiction to try any suit seeks relief against infringement or passing-off of Trademark. On the other hand any objection qua registration of trademark is usually filed with Registrar IPO which may in case of pendency of suit before IP Tribunal shall transfer the same to IP tribunal to decide the same.
Another important aspect to consider in the benefit of proprietor or owner of TM is that in case of infringement or passing-off, notice in writing to the Collector of Customs can be given who can seize and destroy such goods as a result, if satisfied that such goods are direct infringement of trademark registered in name of owner or proprietor. For all queries leave your details below and we shall instantly respond back. [email protected]

PLACE WHERE THE SUIT HAS TO BE INSTITUTED

Suit for infringement or passing-off is to be filed under Section 117 of the Trade Marks Ordinance 2001 before District Court/IP TRIBUNAL who shall have powers of Tribunal within meaning of definition entailed in law.

• Joint venture agreements
• Partnership And Collaboration agreements
• Event management agreements
• Non-disclosure agreements
• Non-competition agreements
• Trademarks user agreements
• Sales and Purchase agreements
• Security and hypothecation agreements

• Manufacturing agreements
• Sponsorship And Marketing agreements
• Advertisement services agreements
Licensee And Loan Agreements
• Build Operate Transfer Agreement
• Concessionary relation agreements
• Tenancy Agreements
Trust And Sale Deeds

What is Copyright?

Copyright is a legal right provided to the author of “original works of authorship,” including artistic, dramatic, literary, musical and certain other intellectual works. Purpose of protecting copyright of authorship is to guard against different forms of piracy adopted from time to time.

Which Works can be protected under copyright?

Purpose of Copyrights is to protect all “original works of authorship” against any act of piracy etc. Law of copyrights are enshrined under The Copyrights Ordinance, 1962 and includes the following works:

Musical works
Artistic works
Cinematographic Works including motion pictures
Architectural works
Books
Photographs
Newspapers
Engravings and sculptural works
Lectures
Sound Records
All types of literary works
musical works,
dramatic works
sound recordings and other audiovisual works
Computer Softwares

Copyrights Duration

Requisite application for protection of works sought to be registered is to be filed with Intellectual Property Rights Organization, Pakistan and copyrights once obtained for any work, the period of copyright of a computer software, literary, dramatic, musical or artistic work (other than a photograph) is the life of the author and 50 years thereafter. Whereas on the other hand, in case of a photograph and cinematographic including motion pictures, copyright exist for 50 years from the commencement of the calendar year since publication of the work.