A registered trademark in Pakistan is only valid for 10 years – this has to be renewed otherwise it will be struck off the Register. Here’s how to renew your trademark in Pakistan, costs, and what to do if you miss the deadline.
Need to register your trademark first? See our guide to register a trademark in Pakistan.
How long is a trademark registration valid for?
Under Section 34, a trademark is valid for 10 years from its registration date – it can then be renewed for successive 10-year periods indefinitely.
How to renew your trademark registration
Under Section 35 of the Ordinance, a request for renewal (and prescribed renewal fee) must be filed before the expiry of the current registration. Upon approval:
- IPO-Pakistan is required to inform the proprietor before the expiry of the registration so it knows when to renew
- The renewal takes effect from the date of expiry of the previous registration – this means there is no gap between renewals, so as long as you renew before expiry your protection should not lapse
- Except at the first renewal, the Registrar may require proof of trademark use in Pakistan
- The renewal (or restoration) is published in the Trade Marks Journal
Renewal Fee: Form TM-12 (Renewal): Rs. 15,000, filed for a single registration (covers the standard 10 years’ renewal)
What to do if you miss the renewal deadline
There is a grace period during which the renewal request and fee can still be submitted. Under the Ordinance, this period should be of at least six months after expiry but an additional late renewal fee (Rs. 900 under Rule 52(1)) will be payable on top of the standard renewal fee of Rs. 15,000.
What to do if your trademark registration is not renewed
If a trademark registration is missed completely within the grace period, it will be struck off the Register by IPO-Pakistan under Section 35(6). It does not necessarily mean the end of the trademark’s life – the same provision allows the Registrar to restore the registration (subject to any conditions he/she may impose).
Under Section 36, even a trademark that has been removed from the Register is treated as being ‘on the Register’ for the purposes of preventing conflicting applications – for a period of one year after removal, provided that either:
- There was no actual use of the mark in the two years preceding removal from the Register, or
- There could not have been a likelihood of confusion with a later filing for a similar mark by another party
How to restore a struck-off trademark registration
If your trademark registration has been struck off the Register for non-renewal, you may request its restoration by filing Form TM-13 (Restoration) – Rs. 1,500 – for restoration under Section 35(6). This is at the discretion of the Registrar and may involve conditions being imposed, and is also published in the Trade Marks Journal upon approval.
FAQs
Is there a limit to how many times I can renew my trademark?
No – you can renew your trademark indefinitely in successive 10-yearly periods as long as you continue to file within the renewal (or grace period) deadlines.
Do I have to prove that I’m using my trademark in Pakistan to renew it?
Not at the first renewal, but IPO-Pakistan may require proof of use in Pakistan for subsequent renewals.
Can someone else register my trademark if it lapses?
No, not unless it has lapsed more than one year ago. A lapsed registration is treated as having been ‘on the Register’ for the purposes of preventing conflicting applications for one year from the date of its removal – provided that either there was no actual use of the mark in the two years preceding removal from the Register or there could not have been a likelihood of confusion with a later filing for a similar mark by another party.
Is restoration of a struck-off trademark registration automatic?
No – restoration under Section 35(6) is at the discretion of the Registrar and may involve conditions being imposed, so the filing of Form TM-13 is not an automatic restoration of your trademark registration.
Need help with a renewal or restoration filing? Our trademark registration service can do it for you.
