For a new brand in Pakistan, the safe course is to search, then file, then launch. Clear the name before you spend on packaging, signage or a website; file the trade mark application before the brand is public; and launch once the filing date is secured. Under the Trade Marks Ordinance 2001, a registration dates back to the filing date, so filing early fixes your place in the queue, but infringement proceedings can only start once the mark is actually registered.
Why does the order matter?
The Ordinance compares a new application with earlier trade marks. Under section 17 of the Trade Marks Ordinance 2001, a mark is refused if it is identical or similar to an earlier trade mark for identical or similar goods or services and there is a likelihood of confusion. Under section 23, the filing date is the day the application with the required particulars reaches the Registrar. Under section 33(3), a mark, once registered, is registered as of that filing date.
A launch announced before filing gives others notice of the name. If someone files first, a dispute or a rebrand can follow. For overseas businesses, section 25 gives a right to priority to an application filed in Pakistan within six months of a first application in a Paris Convention country.
Step 1: Search and clear the name
A clearance check asks two questions. First, will the Registrar accept the mark on its own merits? Section 14(1) bars marks that are devoid of distinctive character, that consist only of words describing the kind, quality, purpose or origin of the goods or services, or that have become customary in the trade. The proviso to section 14(1) lets such a mark through only on evidence that it had acquired a distinctive character through use before the application date. Second, does an earlier mark stand in the way under section 17?
Search the Register for the classes you will trade in, and look beyond it: business names, social media handles and domain names. Using someone else’s registered trade mark as your trade name infringes it under section 40(5), so check the company name you plan to register at the same time as the brand. Our guide to trademark search and clearance in Pakistan explains the official search options.
Step 2: File before anything goes public
You do not need to be trading to file. Section 22(3) allows the application to state either that the mark is in use or that the applicant has a bona fide intention to use it. That lets you file during product development, before the website or the shop opens.
Many brands are created before the company that will own them. Section 72 says an application is not to be refused only because the applicant does not use the mark, if the Registrar is satisfied that a company is about to be formed and the applicant intends to assign the mark to it, or that the applicant intends the mark to be used by way of permitted use. Section 72 thus covers a founder who files in his or her own name and intends to assign the mark to the company once it is formed. Record the assignment in writing so the company’s ownership is clear.
At this stage, decide whether to file the name, the logo, or both, and pick the classes for the goods and services you will actually offer at launch and in the near future.
Step 3: Launch, while the application is pending
An application takes time. Once accepted, it is advertised in the Trade Marks Journal (section 28(1)), others may oppose it, and the mark is registered when no opposition is filed or any opposition is withdrawn or decided for the applicant (section 33(1)).
During that period your protection is limited. Section 39(5) says the proprietor’s rights take effect from the date of registration, but no infringement proceedings may begin before the mark is actually registered. Until then, the Ordinance preserves an action for passing off (section 46(3)). The safe course is to keep dated records from day one: invoices, advertising, launch posts, press coverage and sales figures.
After registration: keep the mark alive
- Use it. Section 73(1)(a) allows a registration to be revoked if, within five years after the registration procedure is completed, the mark has not been put to bona fide use in Pakistan by the proprietor or an authorised user, without proper reasons.
- Put licences in writing. If a distributor, franchisee or related company uses the brand, section 75(3) says a licence is not effective unless it is in writing and signed by or for the owner.
- Renew on time. Under section 34, registration lasts ten years from the date of registration and can be renewed under section 35 for a further period of ten years.
A launch timeline in five lines
- Shortlist names and run a clearance check on each.
- Pick the name, register matching domains and handles, and check the company name.
- File the trade mark application in the classes you need, on an intent-to-use basis if you are not trading yet.
- Launch, and start keeping dated evidence of use.
- Follow the application through advertisement and registration, then record any licence or assignment.
Frequently asked questions
Can I file a trade mark before my company is registered?
Yes. Section 72 of the Trade Marks Ordinance allows an application where a company is about to be formed and the applicant intends to assign the mark to it.
Do I need to be selling before I apply?
No. Under section 22(3), the application can state a bona fide intention to use the mark.
When does trade mark protection start?
A registered mark is registered as of its filing date (section 33(3)), but infringement proceedings cannot begin until the mark is actually registered (section 39(5)).
What can I do about a copycat before registration?
The Ordinance preserves an action for passing off (section 46(3)). The safe course is to keep dated records of your use from launch day.
Does registering a company name protect the brand?
Using another person’s registered trade mark as your trade name is an infringement under section 40(5), so the safe course is to clear the brand and the company name together and to file the trade mark as well.
The Trade Marks Ordinance 2001, as published on Pakistan Code, was checked on 15 October 2026. This post is general information, not legal advice.