Section 102 of the Trade Marks Ordinance 2001 makes it an offence to represent a mark as registered when it is not, or as registered for goods or services it does not cover. The Ordinance does not mention ® by name, so the safe course is to use ® only once the mark is actually on the Register of Trade Marks, and only for the goods or services it is registered for. The Ordinance does not mention ™ either; while an application is pending, the safe course is to use ™ rather than ®.
What does the Ordinance say about ™ and ®?
Neither symbol appears by name in the Trade Marks Ordinance 2001. What it regulates is any representation that a mark is registered (section 102), and it defines what “registered” means.
When does a mark count as “registered” in Pakistan?
The Ordinance defines a “registered trade mark” as a trade mark “which is actually on the Register” (section 2(xxxix)). A pending application is not on the Register, however strong it looks.
This can be confusing because of how dates work. Once a mark is registered, it is registered as of the filing date, and that date is treated as the date of registration (section 33(3)). The proprietor’s rights also run from the date of registration, but no infringement proceedings can begin before the mark is in fact registered (section 39(5)). The backdating helps you once the registration comes through. It does not make a pending application “registered” in the meantime.
The practical marker is the registration itself: on registration, the Registrar publishes it and issues a certificate of registration sealed with the seal of the Trade Marks Registry (section 33(4)). Until that stage, the safe course is to use ™. For the stages before it, see our guide to the trademark registration procedure in Pakistan.
What exactly does section 102 prohibit?
Section 102(1) says no person may represent:
- that a mark which is not a registered trade mark is registered;
- that a part of a registered mark is separately registered, when it is not;
- that a registered mark is registered for goods or services for which it is not, in fact, registered; or
- that registration gives an exclusive right to use the mark in circumstances where, because of limitations entered on the Register, it does not.
Section 102(3) adds that using the word “registered”, or any other expression referring expressly or impliedly to registration, in relation to a trade mark in Pakistan is taken to refer to registration on the Pakistan Register. The Ordinance does not mention the ® symbol by name. The safe course is to treat ® as such an expression, and to use it only for a mark on the Pakistan Register.
What is the penalty for using ® wrongly?
A person who breaks section 102(1) is punishable with imprisonment of one to six months, a fine of not less than twenty thousand rupees, or both (section 102(2)).
There is also a registry consequence. The Registrar may, on its own motion or on a written complaint, ask the person to show cause why action should not be taken (section 102(4)). The Registrar’s power is limited to a fine under section 102(2), refusing a pending application for the mark, or invalidating the registration if the mark is registered, or a combination of these. So a false representation of registration can lead the Registrar to refuse the pending application for that mark.
Common situations where ® goes wrong
- Before the certificate. Printing ® on packaging while the application is still under examination or opposition. The safe course is to use ™ until the mark is on the Register.
- The wrong goods or services. A mark registered for clothing used with ® on a new line of cosmetics. Section 102(1)(c) covers a representation that a mark is registered for goods or services for which it is not registered, so the safe course is to use ® only on goods or services the registration covers.
- Part of a logo. A composite logo is registered, and ® is then placed next to the word alone. If the word is not separately registered, that is the situation section 102(1)(b) describes.
- A foreign registration only. Section 102(3) allows a reference to a registration under another country’s law only in limited cases: where the words showing the foreign registration are used in direct association and in characters at least as large; where the expression itself shows the reference is to that foreign registration; or where the word “registered” is used for a mark registered in another country solely for goods or services to be exported to that country. If ® is treated as an expression referring to registration, a plain ® on goods sold in Pakistan, backed only by a foreign registration, does not fall within any of those three cases, so the safe course is to wait for the Pakistani registration.
- After the registration lapses. A registration lasts ten years from the date of registration and can be renewed (sections 34 and 35). If it is not renewed, the Registrar removes the mark from the Register (section 35(6)), and from then it is no longer a registered trade mark. Update your packaging, website and listings at the same time.
Does ™ give you any rights?
Not under the Ordinance, which does not mention ™. The rights of a registered proprietor run from the date of registration (section 39(5)); for an unregistered mark, the Ordinance preserves the law of passing off (section 46(3)). The safe course is to file early, use ™ while the application is pending, and switch to ® once the mark is registered.
A short checklist before you add ®
- Confirm the mark is on the Register and you have the certificate of registration.
- Check the class and the list of goods or services. Use ® only on what is covered.
- Check the form of the mark. Use ® with the mark as registered, not with an unregistered part of it.
- Check any limitations or conditions entered on the Register.
- Diary the renewal date and remove ® if the registration is not renewed.
Frequently asked questions
Can I use ® after I file my trademark application in Pakistan?
Not safely. A registered trade mark is one that is actually on the Register (section 2(xxxix) of the Trade Marks Ordinance 2001), and section 102 makes it an offence to represent an unregistered mark as registered. While the application is pending, the safe course is to use ™.
Does the Ordinance regulate the ™ sign?
The Ordinance does not mention the ™ sign. Section 102 is aimed at representations that a mark is registered, so the safe course is to make sure nothing used with ™, such as the word “registered”, suggests a registration that does not exist.
What is the penalty for falsely using ® in Pakistan?
Imprisonment of one to six months, a fine of not less than twenty thousand rupees, or both (section 102(2)). The Registrar can also refuse a pending application or invalidate a registration (section 102(4)).
My mark is registered abroad. Can I use ® in Pakistan?
Section 102(3) recognises a reference to a foreign registration only in limited cases, such as clearly stating the foreign registration alongside the mark, or using the word “registered” solely on goods or services to be exported to the country where the mark is registered. Otherwise, the safe course is to wait until the mark is registered in Pakistan.
The Trade Marks Ordinance 2001 (as amended in 2023) was checked on Pakistan Code on 15 October 2026. This post is general information, not legal advice on a particular mark.
