Trademark Act: Non-Use Revocation & Proof

Trademark Act
Categories: Success Story

Understanding Trademark Non-Use Revocations in Pakistan

In adherence to the Trademark Act, the material possession workplace holds the authority to revoke a trademark registration, should it remain inactive without excusable reasons for three consecutive years. Upon filing for non-use revocation, the burden lies on the trademark holder to demonstrate its active utilization within the past three years. The key aspects surrounding non-use revocations encompass:

Verifying Trademark Usage

One primary concern is verifying the usage of a trademark. Determining whether the trademark has been actively utilized poses a critical challenge.

Criteria for Actual Commerce

Another pivotal consideration involves assessing whether the trademark was genuinely employed for commercial activities within Pakistan.

Legal Precedents

Recent cases provide clarity on this matter. In a 2021 non-use revocation case, the judicial review articulated that mere advertisement within Pakistan, without substantial business operations, does not constitute “true use” of a trademark as defined by the Trademark Act.

Case Illustrations

For instance, a company secured a trademark for catering services, engaging in extensive promotional activities within Pakistan. However, lacking any physical presence or operational services within the country, their use of the trademark abroad failed to establish a viable market within Pakistan.

Legal Determinations

The court further elucidated that although a trademark was prominently featured in advertisements for a department store, the absence of an actual operational store in Pakistan invalidated the trademark’s usage. All commercial transactions occurred overseas, devoid of any economic activity within Pakistan.

Conclusion

In accordance with the Trademark Act, the pivotal element in establishing trademark use centers on substantial and economically viable activities conducted within the designated service area. Mere advertisement or promotional endeavors, devoid of tangible commercial transactions, may fall short of meeting the Act’s stipulated criteria. To ensure compliance and navigate the legal nuances effectively, seeking guidance from Property Attorneys specializing in trademark law can be invaluable. These legal professionals possess the expertise to interpret the Act’s provisions, offering tailored counsel and strategies to substantiate trademark use within the bounds of the law. Their insights can be instrumental in safeguarding trademarks and ensuring adherence to the Act’s prerequisites.