Trademark Objections in Pakistan

Section 27 of the Trade Marks Ordinance 2001 requires the Registrar to examine every application and to search earlier trade marks "to the extent as he considers necessary" (s.27(1)–(2)). Rule 26 of the Trade Marks Rules 2004 describes the search. The Registrar looks for marks on record for the same goods or services, or the same description of goods or services, that are identical or so nearly resemble the mark as to be likely to deceive or cause confusion.

If the requirements are not met, the Registrar must tell the applicant and give an opportunity to make representations or amend (s.27(3)). Rule 27(1) puts it in procedural terms. Where the Registrar has an objection, or proposes to accept "subject to such conditions, amendments, disclaimers, modifications or limitations as he may think right to impose", he communicates that in writing.

When it arrives: IPO-Pakistan's Average Process Time table gives four months from filing to the first examination report, while its filing guidelines and FAQs say the report is generated "after 3 months". Both are published targets, not commitments.

A Formalities Notice Is Different

A notice about a deficiency in the application is governed by rule 25, not rule 27. Examples are missing particulars, an application covering more than one class, or an unpaid fee. The applicant has two months from the notice to remedy it. If an essential particular is not remedied, the application is deemed never to have been made (r.25(a)). Other deficiencies lead to the application being treated as abandoned (r.25(b)). Rule 80(3) excludes rule 25 from the Registrar's general power to extend time.

The grounds come from the Ordinance:

• Absolute grounds (s.14): marks devoid of distinctive character; marks consisting exclusively of indications of kind, quality, quantity, intended purpose, value or geographical origin; marks that have become customary in the trade; certain shapes; matter likely to deceive, to hurt religious susceptibilities, or contrary to law or morality; and applications made in bad faith.
• Relative grounds (s.17): an identical or similar earlier mark for identical or similar goods or services where there is a likelihood of confusion. An "earlier trade mark" includes a pending earlier application (s.18(2)). It also includes a registration that expired within the past year, unless there was no bona fide use in the two years before it expired (s.18(3)).
• Classification and specification: each application must be confined to one class of the Fourth Schedule (r.13 TMR). Any question about which class goods or services fall in is decided by the Registrar, "whose decision in the matter shall be final" (s.12(2) TMO).
• Language: words in non-Roman characters need a transliteration on the application unless the Registrar directs otherwise (r.22). The Registrar may ask for a translation of words not in English (r.23). IPO-Pakistan's filing guidelines ask for both, by affidavit, where the mark is not in English or Urdu.
• Chemical names: the commonly used name of a single chemical element or compound, or a WHO international non-proprietary name, cannot be registered for a chemical substance or preparation (s.16).

How the class is chosen, and why a one-class search can miss a conflict, is covered in the classes guide. Trademark classes in Pakistan

Rule 27(2) gives the applicant two months from the date of the communication. Within that time the applicant must do one of three things:

• amend the application in line with the Registrar's proposal;
• make written representations; or
• apply for a hearing.

If none of these happens, "the application shall be deemed to have been abandoned".

Extending the period: rule 27 is not among the rules that r.80(3) excludes. The Registrar may therefore extend the period under r.80(1), by no more than three months in the aggregate. Ask before the period expires (r.80(4)). A late request is at the Registrar's discretion, if he accepts the explanation for the delay and no one else is disadvantaged (r.80(5)).

Under r.80(2), Form TM-56 is required after publication, or before publication where the Registrar directs it. The official fee for TM-56 is PKR 1,500. Confirm with your Pakistan counsel whether the Registry currently asks for the form and fee for an extension requested before publication.

A reply should take each ground in turn and answer it with the law and the evidence. The Ordinance gives several tools:

• Acquired distinctiveness: a mark refused under s.14(1)(b), (c) or (d) can still be registered if, before the filing date, it had acquired a distinctive character through use, or is a well-known trade mark (proviso to s.14(1)). Evidence before the Registrar is given by affidavit (r.78). The Registrar may also require an affidavit of use with exhibits (r.16).
• Honest concurrent use: if the applicant proves honest concurrent use, the Registrar may not refuse on a relative ground. That protection is lost if the owner of the earlier mark raises the objection in opposition proceedings (s.19(1)). It does not override the absolute grounds in s.14 (s.19(3)).
• Consent: section 17 does not prevent registration where the owner of the earlier mark consents (s.17(5)).
• Disclaimer: registration may be made subject to a disclaimer of a non-distinctive part or of matter common to the trade (s.21).
• Narrowing the goods or services: the applicant may restrict the goods or services at any time (s.31(1)). An amendment request goes on Form TM-16, with an official fee of PKR 600. No amendment may substantially affect the identity of the mark or extend the goods or services (s.27(7)).
• Argument on similarity: compare the marks as wholes, the goods or services, and the likelihood of confusion under s.17(2).

Many relative-ground objections can be anticipated by searching before filing. Trademark search and clearance in Pakistan

Applying for a hearing is one of the three ways to answer within the two-month period (r.27(2)). Before taking any decision that may be adverse to a party, the Registrar must give that party an opportunity to be heard, with at least ten days' notice unless the party agrees to shorter notice (r.77). Section 111(2) of the Ordinance makes the same point.

The Registrar's decision under s.27, made after a hearing or on written observations, is communicated in writing (r.28(1)). The steps that follow are:

1. Ask for written grounds within one month. To appeal, the applicant must apply on Form TM-15 within one month of the communication. The form requires the Registrar to state in writing the grounds of the decision and the materials used (r.28(1)). The official fee is PKR 1,500. Section 27(6) TMO requires written grounds for any refusal or conditional acceptance.
2. Know which date counts. The date the statement of grounds is sent is deemed to be the date of the decision for appeal purposes (r.28(3)).
3. Appeal to the High Court within two months. The appeal lies to the High Court having jurisdiction (s.114(1)), within two months of the decision or such further time as the High Court allows (r.85).

An application treated as abandoned under r.27(2) can be restored to the file. The same applies to abandonment under r.25(b) and under s.33(5) (registration not completed). The applicant must:

• show sufficient cause to the satisfaction of the Registrar;
• file an application on Form TM-57, with a statement of case; and
• file within two months from the date of abandonment (r.27(3)).

The official fee is PKR 1,500. Restoration is discretionary. The statement of case should explain the delay and be supported by evidence.

Once accepted, the application is advertised in the Trade Marks Journal (s.28(1) TMO). Third parties then have two months to oppose. IPO-Pakistan's published target for acting on an applicant's reply is three months. Its target for acceptance and publication after compliance is a further two months (Average Process Time table).

What happens if a third party opposes is set out step by step in the opposition guide. Trademark opposition in Pakistan

For every official fee and published processing time in one place, see the cost guide. Trademark registration cost and timeline in Pakistan

Raza & Associates was established in 2005 and is listed in Tier 3 of The Legal 500 ranking for Pakistan intellectual property. Its trademark practice covers clearance searches, filing, prosecution, objections, oppositions, renewals, assignments, licensing and enforcement, for local and foreign applicants. Offices: Lahore (head office), London and Singapore.

For objection analysis and response support, contact our trademark practice. Trademark objection support

This guide summarises the Trade Marks Ordinance 2001, the Trade Marks Rules 2004, the First Schedule fees and IPO-Pakistan's published pages as read on 5 October 2026. It is not legal advice on any particular matter.