Trademark Opposition in Pakistan

• Advertisement in the Trade Marks Journal, by the Registrar after acceptance (s.28(1) TMO; r.29 TMR).
• Notice of opposition with a statement of grounds, by the opponent: 2 months from the advertisement; the Registrar may allow up to 2 further months in total. Form TM-5, in duplicate; official fee PKR 9,000 per application opposed (s.28(2)–(3) TMO; r.30(1) TMR).
• Counter-statement, by the applicant: 1 month from receiving the notice; up to 2 further months in total. Form TM-6, in duplicate; official fee PKR 1,500 (s.28(4) TMO; r.30(2) TMR).
• Rejoinder (optional), by the opponent after receiving the counter-statement (s.28(5) TMO).
• Opponent's evidence: 2 months from receiving the counter-statement, or longer if the Registrar allows, by statutory declaration or affidavit (r.30(5) TMR).
• Applicant's evidence: 2 months from receiving the opponent's evidence, or longer if allowed (r.30(7) TMR).
• Evidence in reply, by the opponent: 1 month from receiving the applicant's evidence, strictly in reply (r.30(8) TMR).
• Hearing: at least 1 month's notice; each party that intends to appear files Form TM-7 within 14 days of the notice; official fee PKR 600 per party (r.30(12) TMR; s.28(7)–(8) TMO).
• Decision, notified in writing by the Registrar (r.31 TMR).
• Appeal to the High Court, within 2 months of the decision (s.114(1) TMO; r.85 TMR).

When the Registrar accepts an application, absolutely or subject to conditions or limitations, he must advertise it in the Journal "as soon as may be" after acceptance (s.28(1) TMO). The Ordinance treats that advertisement as sufficient notice of acceptance for all legal purposes. Rule 29 lists what the advertisement shows, including the mark, the class, the goods or services, the applicant and any priority claim.

IPO-Pakistan publishes the Trade Marks Journal as a monthly e-Journal on its website, with each issue dated. Watching each issue is the practical way to catch a conflicting application in time.

International registrations under the Madrid Protocol that designate Pakistan are also published in the Journal. IPO-Pakistan states that, if a third party files an opposition after publication, the Registry sends a provisional refusal to WIPO's International Bureau.

If the Registrar has not yet accepted the application, the issue is an examination objection rather than an opposition. Trademark objections in Pakistan

Any person may oppose. The deadline is two months from the date of the advertisement, or from a re-advertisement (s.28(2) TMO). The Registrar may allow a further period, but the extensions may not exceed two months in the aggregate. An extension needs an application in the prescribed manner and the prescribed fee.

The notice goes on Form TM-5, in duplicate, and must include a statement of the grounds of opposition (s.28(3) TMO; r.30(1) TMR). The official fee is PKR 9,000 for each application opposed. Each class is a separate application (r.14 TMR), so opposing one mark filed in three classes means three oppositions.

Section 29 of the Ordinance allows an opposition on any ground on which an application may be rejected, except that the mark cannot be represented graphically. That brings in:

• the absolute grounds in s.14 (lack of distinctiveness, descriptiveness, customary terms, bad faith); and
• the relative grounds in s.17 (an identical or similar earlier mark for identical or similar goods or services, a mark with a reputation in Pakistan, and earlier rights such as passing off or copyright).

Section 29 adds grounds of its own:

• the applicant does not intend to use the mark in Pakistan (s.29(2));
• the applicant is not the proprietor (s.29(3)(a));
• the application was accepted on false evidence (s.29(3)(c));
• the mark is substantially identical with, or deceptively similar to, a well-known mark or a mark with a reputation in Pakistan (s.29(4)).

Under s.18(2) of the Ordinance, an "earlier trade mark" includes a pending application that would be an earlier mark once registered.

The Registrar serves a copy of the notice on the applicant. The applicant then has one month from receiving it to file a counter-statement on Form TM-6, in duplicate. The Registrar may allow up to two further months in the aggregate (s.28(4) TMO; r.30(2) TMR). The official fee is PKR 1,500.

If no counter-statement is filed, the applicant is deemed to have abandoned the application. For an applicant, this is the deadline that matters most.

• Rejoinder. The opponent may file a rejoinder to the counter-statement (s.28(5) TMO).
• Opponent's evidence. Within two months of receiving the counter-statement, or such further period as the Registrar allows, the opponent files its evidence by statutory declaration or affidavit (r.30(5)). This period runs from receipt of the counter-statement. If the opponent files no evidence, the opposition is deemed abandoned (r.30(6)).
• Applicant's evidence. The applicant has two months from receiving the opponent's evidence, or such further period as the Registrar allows (r.30(7)).
• Evidence in reply. The opponent may answer within one month, strictly in reply (r.30(8)). No further evidence may be filed without the Registrar's leave (r.30(9)).

Evidence before the Registrar is given by affidavit, although the Registrar may take oral evidence (r.78 TMR; s.111(1) TMO). On request, a party must send the other side copies of its exhibits. Exhibits that cannot easily be copied are left with the Registrar for inspection (r.30(10)). Any document in a language other than English that is referred to in the pleadings or affidavits needs an attested English translation, in duplicate (r.30(11)).

Once the evidence is complete, the Registrar gives the parties notice of a hearing date at least one month ahead, unless both agree to shorter notice (r.30(12)). A party that intends to appear must notify the Registrar on Form TM-7 within 14 days of receiving the notice (PKR 600 per party). A party that does not may be treated as not wishing to be heard. The Registrar must take written arguments on record if a party submits them (r.30(13)). Section 28(8) of the Ordinance requires the Registrar to give both sides an opportunity to be heard before deciding.

The Registrar notifies the decision in writing to both parties. For an appeal, the date of the decision is the date the notice is sent (r.31). An appeal lies to the High Court having jurisdiction (s.114(1) TMO), within two months of the decision or such further time as the High Court allows (r.85 TMR).

The IP Tribunals set up under s.16 of the IPO-Pakistan Act 2012 hear infringement suits and offences (s.18 of that Act), not oppositions. If a suit about the same mark is pending before an IP Tribunal, the appeal from the Registrar goes to the High Court within whose jurisdiction that Tribunal sits (proviso to s.114(1)).

If no opposition is filed, or the opposition is withdrawn or decided in the applicant's favour, the Registrar registers the mark (s.33(1) TMO). Registration needs the registration fee on Form TM-11 (r.33 TMR).

• The opposition and counter-statement periods have their own caps in s.28. Rule 80(3) excludes r.30(1) and r.30(2) from the Registrar's general power to extend time.
• Section 123(1) of the Ordinance does not let the Registrar extend a time "expressly provided in this Ordinance".
• Other periods in the Rules can be extended under r.80(1), up to three months in the aggregate. After publication, the request goes on Form TM-56 (r.80(2)), with an official fee of PKR 1,500. It should be made before the period expires. A late request is at the Registrar's discretion (r.80(4)–(5)).

How the Registry handles extensions of the evidence periods in practice, and which form it takes for an extension of the opposition period, should be confirmed with your Pakistan counsel before relying on an extension.

IPO-Pakistan does not publish a target for oppositions. Its average process time table says only that this depends on the case. What the Rules do fix are the periods for each step: two months to oppose, one month for the counter-statement, two months for each side's evidence, one month for evidence in reply and at least one month's notice of the hearing. Each can run longer where an extension is allowed or service is delayed.

For the official fees and the registry's published processing times across a whole filing, see the cost guide. Trademark registration cost and timeline in Pakistan

The applicant may withdraw the application, or restrict the goods or services, at any time; once the application has been advertised, the change is published (s.31). Section 17 does not prevent registration where the owner of the earlier mark consents (s.17(5)).

A search before filing reduces the chance of meeting an opposition at all. Trademark search and clearance 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. The firm also acts for foreign companies and overseas law firms. Offices: Lahore (head office), London and Singapore.

Brand owners outside Pakistan can read how a foreign filing works. Pakistan trademark filing for foreign applicants

Discuss an opposition or defence strategy with our trademark lawyers. Pakistan trademark opposition lawyers

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.