You wish to register your foreign brand Trademark domestically. You plan to launch in Pakistan.
However, someone may register the same Trademark locally.
Form TM-02 will ensure the foreign applicant can register their Trademark with priority rights from their earliest foreign registration in Pakistan.
What is Form TM-02?
Form TM-02 (TM-2 according to the Rules) is used to file a Trademark application, including claiming priority rights under the convention.
This form is filed through IPO-Pakistan under section 25 of the Trade Marks Ordinance, 2001.
What is the difference between Form TM-02 and TM-01?
Form TM-01 is a standard Trademark application. Your priority date will be the date you file in Pakistan.
Form TM-02 is a convention Trademark application. Your priority date will be the date of your earliest foreign filing.
When will I need to file Form TM-02?
- Multinational Corporations looking to register in Pakistan.
- International Brands through Distributors/Franchisees.
- Start-ups in Pakistan from overseas.
- Local businesses that filed first in overseas jurisdictions.
Trademark Convention Application
Paris Convention
Pakistan is a member of the Paris Convention for the Protection of Industrial Property.
Therefore, if you have filed your Trademark application in another member country. You can claim priority rights in Pakistan for the same Trademark.
Priority Period
You must file your Trademark application in Pakistan within 6 months of your earliest filing date abroad.
Your priority in Pakistan will be from your earliest foreign filing date.
Any applicants who file a similar Trademark in Pakistan during this period will be deemed to have lower priority.
Example:
A UAE company applies for their Trademark in Dubai on 1st March.
A local trader applies for a copy-cat Trademark in Pakistan on 1st May.
The UAE company apply within 6 months for Form TM-02 on 15th July.
As they applied within 6 months their priority in Pakistan will start from 1st March. This will beat the copy cat Trdemark.
If you apply after the 6 months you will not get the priority. However, you can still file Form TM-01 with priority from the Pakistan filing date.
What needs to match?
- The same Trademark.
- Same or less goods/services.
- Same applicant or heir.
Requirements to file Form TM-02.
Clear Specimen.
High resolution image of the Trademark logo/wordmark/slogan.
This must match the Trademark from the foreign application.
Priority Document.
Certified copy of your earliest application from the foreign Trademark Office.
This will confirm the application number, date of filing, Trademark and goods/services.
If this is not available at the time of filing, it should be submitted within 3 months of filing in Pakistan.
Translation.
If the priority document isn’t in English, you will usually require a verified translation.
Service Address and Form TM-48.
Foreign applicants must provide a Service Address in Pakistan.
In practice, this means appointing a local Trademark agent/attorney.
They will have been authorised using Form TM-48 (Power of Attorney).
Applicant Information.
- Full legal name.
- Country of incorporation/nationality.
- Registered Business Address.
Official Government Fees.
Application Fee.
The official government fee for Form TM-02 is PKR 3,000 per class.
Same as standard Form TM-01.
Single Class.
Multi-class applications aren’t allowed in Pakistan.
Each Nice class will require a separate Form TM-02.
This will be PKR 3,000 per class.
For example, if you are a foreign fashion brand looking to protect clothing (Class 25), bags (Class 18) and retail (Class 35). You will have 3 applications to file. This will cost PKR 9,000.
Summary of Fees.
- Application Form – TM-02 (Convention) PKR 3,000 per class.
- Registration Form – TM-11 PKR 9,000 per class.
Professional and Agent Fees.
Step-by-step guide on how to e-file Form TM-02 online.
Appointment of Local Agent.
Foreign applicants must file through a registered representative on the IPO-Pakistan portal (ipo.gov.pk).
The local agent must have a verified account with IPO.
The agent will have filed Form TM-48.
Application Form.
- Login to e-file portal.
- Navigate to Trademark Forms.
- Select TM-02.
Priority.
- Country of earliest application.
- Application Number.
- Date of earliest application.
This will lock in your Convention priority. Make sure this matches your priority document.
Ownership and Class.
- Applicant Name.
- Nationality.
- Address.
- Correct Nice Class.
Specific goods/services. Must be the same or less than the foreign application.
Upload.
Upload your Trademark specimen.
Attach your certified priority document. Or you can upload later within the time frame.
Create payment slip for PKR 3,000.
Pay using the payment options on the portal. You can also pay using a Pay Order or Bank Draft in favour of Director General, IPO-Pakistan as per official IPO guidelines.
Sign using your PIN and submit.
After Filing.
Acknowledgment.
An acknowledgment will be issued electronically. This will include your application number.
Your international application will be recorded for your priority date.
Examination.
IPO will examine your Trademark to ensure it is distinctive and there are no conflicts.
They’ll also confirm that your priority is legitimate.
Any objections must be settled within the time limit.
Publication.
Trademarks which have been accepted will be published in the Trade Marks Journal.
Third parties will have 2 months to object.
Registration.
If there are no objections or they fail. IPO will issue a demand notice.
Submit Form TM-11 and pay PKR 9,000.
IPO will issue a Trademark Registration Certificate.
Trademarks are registered for 10 years and can be renewed.
Common Errors.
- Applying after 6 months.
- Incorrect date of earliest application.
- Incorrect Trademark.
- Incorrect goods/services.
- Not submitting the priority document within the time frame.
- No local agent appointed via Form TM-48.
Trademark Registration in Pakistan with TaxAccountant.pk
The 6-month priority period can be a tight time frame for foreign brands.
Our IP team works with International companies and Legal Departments to:
- Ensure priority dates and documents are correct.
- Act as your local agent via Form TM-48.
- Accurately file your Form TM-02 in all necessary classes.
- Handle examination reports and objections of all kinds.
- Submit Form TM-11.
