What Is The Validity Period Of a Registered Trademark In Pakistan?

 In Pakistan, the validity period of a Trademark Registration In Pakistan is an important aspect of trademark law, providing businesses and individuals with the right to exclusive use of their mark for a defined duration. Understanding this validity period, along with the renewal process, is essential for protecting and maintaining your brand's legal standing. The rules regarding the duration and renewal of a trademark are governed by the Trade Marks Ordinance, 2001, and the accompanying Trade Marks Rules, 2004.

Initial Validity of a Registered Trademark

Once a trademark is successfully registered with the Intellectual Property Organization of Pakistan (IPO-Pakistan), it is valid for an initial period of ten (10) years from the date of filing the application. This means that from the moment the application is filed—not the date of approval or issuance of the registration certificate—the ten-year period begins.

For example, if an applicant files a trademark application on January 1, 2025, and the registration is granted in 2026 after the examination and publication process, the trademark will still be considered valid until January 1, 2035.

Renewal of Trademark Registration

Trademarks in Pakistan are renewable indefinitely, as long as the owner complies with the renewal requirements. Each renewal extends the protection for another ten-year period. The owner must file a renewal application with the IPO-Pakistan along with the prescribed fee.

The renewal application should ideally be filed before the expiry of the existing registration. However, the law provides a grace period of six months after the expiry date during which the trademark can still be renewed by paying a late renewal fee.

Trademark Registration In Pakistan


If the trademark is not renewed within this six-month grace period, the registration may be removed from the Trademark Register. However, the owner can still apply for restoration of the trademark within one year from the date of expiry, provided they can give a valid reason for the delay and pay the restoration and renewal fees.

Importance of Timely Renewal

Timely renewal of a Trademark Registration In Pakistan is crucial for maintaining continuous legal protection of the brand. Failure to renew can result in:

  • Loss of exclusive rights to use the trademark in commerce.

  • Vulnerability to infringement or misuse by third parties.

  • Difficulty in enforcement, such as filing a case against infringers or cyber-squatters.

  • Challenges in international filings, particularly if the Pakistani trademark is used as a basis for registration abroad through systems like the Madrid Protocol.

Many brand owners maintain trademark portfolios, and missing renewal deadlines can have significant legal and financial consequences. Therefore, it's advisable to use a trademark attorney or legal service to keep track of deadlines and handle the renewal process professionally.

Use Requirement and Non-Use Cancellation

Although registration is valid for ten years, the trademark must be used in commerce. Under Section 73 of the Trade Marks Ordinance, 2001, a registered trademark is vulnerable to cancellation if it is not used for five consecutive years without a valid reason. This means that even though the mark remains registered, failure to use it in the market may lead to cancellation upon the request of a third party.

Trademark Registration In Pakistan


This clause encourages the active use of registered trademarks and prevents businesses from registering marks solely for the purpose of blocking competitors or engaging in trademark squatting.

Conclusion

In summary, the validity period of a registered trademark in Pakistan is ten years from the date of application, with the option to renew it for successive ten-year periods indefinitely. However, continuous use and timely renewal are essential to maintaining trademark rights. By staying proactive with renewals and using the trademark in the marketplace, Hamza & Hamza Law Associates can secure long-term protection and exclusivity for their business identity in Pakistan.

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