Sometimes a brand belongs to a group.
A trade association, cooperative or industry body may wish to register a single mark to be used by all members of the group to ensure customers know they are adhering to the standards of the association.
This is where a Collective Mark comes into play. To register a collective mark in Pakistan, you can use Form TM-03.
What is Form TM-03?
Form TM-03 (or TM-3) is a form to register a “Collective Mark” for goods or services within one class.
This is filed through IPO-Pakistan and falls under section 82 of the Trade Marks Ordinance, 2001 and the First Schedule to the Ordinance.
Difference Between TM-01, TM-02 & TM-03
| Form | Purpose | Who Will Apply |
|---|---|---|
| TM-01 | Trademark Application | An individual business or company |
| TM-02 | Convention Priority Claim | A foreign applicant who has applied abroad |
| TM-03 | Collective Mark Application | An association with members who will use the mark |
What is a Collective Mark?
A Collective Mark is defined in section 82(1) as a mark used to distinguish the goods or services of the members of an association that owns the mark.
How does it work?
- The mark is owned by an association.
- Members of the association may use the mark on their goods or services.
- Customers know that the business is part of the group and adheres to the rules.
- Members outside the association cannot use the mark.
Who may use a collective mark?
- Trade Associations – Exporters Association of a certain product.
- Industry Bodies – Software House Association, Engineers Association.
- Cooperative Societies – Dairy Cooperative, Farmers Cooperative.
- Professional/Regional – Craftsmen Association from a specific area.
An example of this would be a Rice Exporters Association. They can register a Collective Mark which their exporting members can add to their packaging to show they are members of the association and adhere to the standards.
Collective Mark vs Certification Mark
These are often confused.
A Collective Mark indicates that the business is a member of a certain association.
A Certification Mark shows that the goods or services are of a certain standard.
They have different rules that apply to them. Make sure you are registering a collective mark.
Requirements to Apply for TM-03
- Clear specimen of the Mark.
- High resolution image of the Collective Logo or Word Mark.
- Extra copies of the Mark are required by the Rules.
Governing Regulations
The most important document.
The collective mark cannot be registered unless the regulations governing the use of the mark have been approved by the Registrar (First Schedule).
The regulations should generally include:
- Who can use the mark.
- Conditions for being a member of the association.
- Conditions for using the mark.
- How the use of the mark will be monitored.
- Penalties for misusing the mark (Suspension etc)
These are often taken from the Associations bye-laws and tailored to the mark.
Applicant Details
- Legal Name of the Association.
- Certificate of Registration/Incorporation (SECP, Registrar of Societies/Coooperatives).
- Address of Association.
- Details of the authorised office bearer.
Form TM-48
This is required if your IP Lawyer/Agent is applying on your behalf.
Government Fees for TM-03
Application Fee
The fee for this form can be found on the IPO-Pakistan fee schedule. It is PKR 3000 per class.
This is the same as the normal application fee.
Single Class System
Pakistan uses a single class system. If your association owns a mark that falls into multiple Nice Classes you will need to apply separately. This means multiple forms of TM-03. Each will cost PKR 3000.
For example if your association covers goods (Class 30) and associated services (Class 35) you will need to apply twice. This will cost PKR 6000.
Registration Fee
Once your application has been accepted you will need to pay the registration fee. The fee can be found on the IPO’s fee schedule. There is a separate fee for collective and certification marks. Before paying you should check how much this currently is as it may not be the same as the standard TM-11 form.
How to Apply Online (IPO Portal)
The names of the menu may vary as the IPO regularly update their portal.
Login
- Go to the IPO-Pakistan website (ipo.gov.pk). Click on the e-filing system.
- Login with your Associations account or with your authorised agents account.
Apply for TM-03
- Click on Trademark Forms.
- Click on TM-03.
Enter Details
- Legal Name of Association.
- Correct Nice Class.
- Specific Description of Goods/Services.
Upload Mark & Regulations
- Upload Mark Specimen.
- Upload Governing Regulations.
- Upload Association documents and TM-48 (if applicable).
Pay & Apply
- Generate Payment Slip (PKR 3000).
- Pay with the alternatives accessible on the platform. You can also pay using a pay order or bank draft in favour of the Director General, IPO-Pakistan (as outlined in the IPO’s official guidance).
- Sign with your account PIN and apply.
After Applying
Acknowledgment
You will receive an acknowledgment showing your application number and date of filing.
Examination
The mark will be examined by IPO to ensure it is distinctive and doesn’t conflict with any existing marks. They will also examine the Governing Regulations. You can be asked to make adjustments to the regulations before they are ratified.
Publication
The accepted marks will be published in the Trade Marks Journal.
Third parties can object to the mark for 2 months.
Registration
If there are no objections or they fail then IPO will send a demand notice. Pay the fee indicated on the notice.
IPO will issue the Collective Trademark Registration Certificate.
The registration is for a 10 year period and is renewable.
After Registration
The approved regulations will be included in your registration. Any changes to the regulations will generally need to be approved by the Registrar. The association shall regulate the use of the mark by its members.
Common Mistakes
- Applying for TM-01 instead of a Collective Mark or vice versa.
- Getting confused between a Collective Mark and a Certification Mark.
- Not having proper Governing Regulations.
- Vague conditions for membership and use.
- Allowing non-members to use the mark.
- Not updating the regulations when the conditions for membership change.
Leave it to TaxAccountant.pk
Collective Marks require more than just a logo. The regulations are key.
Our IP team can help Associations and Cooperatives by:
- Helping to decide whether you should register a Collective or Certification Mark.
- Creating Governing Regulations.
- Applying for TM-03 and TM-48.
- Responding to examination reports and objections.
- Registering and Renewing.
