PART I

PART I

CHAPTER I.– PRELIMINARY

1. Short title and commencement.– (1) These rules may be called the Trade Marks Rules, 2004.

(2) They shall come into force at once.

2. Definitions.– (1) In these rules, unless there is anything repugnant in the subject or context, -

(a) “Advisory Committee” means the Advisory Committee constituted under rule 101;

(b) “Form” means a Form as set out in either the Second or the Third Schedule;

thereunder as in force immediately before the commencement of the Ordinance;

(d) Ordinance” means the Trade Marks Ordinance, 2001 (XIX of 2001);

(e) publish” means published in the Journal;

(f) Schedule” means the Schedule to these rules;

(g) section” means section of the Ordinance;

(h) “send”, with its grammatical variations, in relation to an act, includes to give; and

(i) “specification” means the designation of goods or services in respect of which a trade mark is registered or proposed to be registered.

(2) The words and expressions used but not defined in these rules shall have the meaning assigned to them in the Ordinance.

(3) In these rules, reference to filing of any application, notice or other document shall be construed as reference to its being sent or delivered to the Registrar at the Trade Marks Registry or its branches.

3. Forms.– The Forms set out in the Second and the Third Schedules shall be used in all

cases to which they are applicable and may be modified as directed by the Registrar to meet the

requirements of other cases.

4. Requirement as to fee.– (1) Any fee to be paid in respect of an application, registration or any other matter under the Ordinance or these rules shall be as specified in the First Schedule.

(2) Fee may be paid in cash at the Registry or any Branch Registry or may be sent by money order, postal order, cheque, bank draft or pay order payable to the Registrar.

(3) Cheques not carrying the correct addition for commission, and other cheques on which the full value cannot be collected in cash within the time allowed for payment of the fee shall be accepted only at the discretion of the Registrar.

(4) Stamps shall not be received in payment of any fee.

(5) Any Form required to be filed with the Registrar in respect of any specified matter shall be subject to the payment of the fee, if any, payable in respect of that matter under these rules.

5. Size, etc. of documents.– (1) Subject to any other directions that may be given by the Registrar, all applications, notices, statements or other documents, except trade marks authorized or required by the Ordinance or these rules to be made, left with or sent to the Trade Marks Registry or left with or sent to the Registrar or the Federal Government shall be written, type-written, lithographed or printed in the English language in large and legible characters with deep permanent ink upon strong paper, and except in the case of affidavits, on one side only, of a size approximately thirteen inches by eight inches, and shall have on the left-hand part thereof a margin of not less than one inch and-a-half.

(2) Duplicate documents including trade marks shall be filed at the Trade Marks Registry or its branch, if at any time required by the Registrar.

6. Signature of documents.– (1) A document purporting to be signed by proprietor or in case of partnership shall be signed by at least one of the partners and a document purporting to be signed by a body corporate shall be signed by a director or by its secretary or other principal officer of the body corporate. A document purporting to be signed by any other association of persons shall be signed by the President, Chairman or Principal Secretary of the Association or by any other person who appears to the Registrar to be duly qualified. The capacity in which an individual signs a document on behalf of a partnership or a body corporate or other association of persons shall be stated below his signature and name and complete address.

(2) Signature to any documents if written in characters other than Roman, or if not clearly legible shall be accompanied by a transliteration in English language and in block capitals.

7. Service of documents.– All applications, notices, statements, papers having representation affixed thereon, or other documents authorized or required by the Ordinance or these rules to be made, left or sent, at or to the Trade Marks Registry or to its branch or with or to the Registrar or the Federal Government or any other person may be sent through post by a prepaid letter, any application or any document so sent shall be deemed to have been made, left or sent at the time when the letter containing the same would be delivered in the ordinary course of post. In proving such sending, it shall be sufficient to prove that the letter was properly addressed and put into the post.

8. Particulars of applicants and other persons.– (1) Names and address of applicants and other persons shall be given in full, together with their nationality and such particulars, if any, as are necessary for identification. In the case of a firm, the full name and nationality of every partner thereof shall be stated.

(2) The address given shall in all cases be as full as possible, for the purpose of enabling any person easily to find the place of trade or business of the person whose address is given.

(3) In the case of body corporate or firm or an association the country of incorporation and the nature of registration, if any, as the case may be, shall be given.

9. Address for service.– (1) For the purposes of any proceedings before the Registrar under these rules an address for service in Pakistan shall be filed by–

(a) every applicant for the registration of a trade mark;

(b) every person opposing an application for registration of a trade mark;

(c) every applicant applying to the Registrar under section 73 for revocation of the registration of a trade mark, under section 80 for invalidation of the registration of a trade mark, or under section 96 for rectification of the register;

(d) every person granted leave to intervene under rule 67 (the intervener), and

(e) every proprietor of a registered trade mark, which is the subject of any application to the Registrar for the revocation, invalidation or rectification of the registration of the mark.

(2) The address for service of an applicant for registration of a trade mark shall upon registration of the mark be deemed to be the address for service of the registered proprietor, subject to any filing to the contrary under paragraph (1) above or under rule 70 .

(3) In any case in which an address for service at the same time as the filing of a form required by the Registrar under rule 3 which requires the furnishing of an address for service, the address shall be filed on that form and in any other case it shall be filed on Form TM-50. All applications on Form TM-50 under this rule shall be signed by the person about to be registered or the registered proprietor or registered licensee, as the case may be, or by an agent expressly authorized by him for the purpose of such application.

(4) Anything sent to any applicant, opponent, intervener or registered proprietor at his address for service shall be deemed to be properly sent and the Registrar may, where no address for service is filed, treat as the address for service of the person concerned his trade or business address in Pakistan, if any.

(5) An address for service in Pakistan may be filed at any time by the proprietor of a registered trade mark and by any person having a legitimate interest in or consented charge on a registered trade mark.

(6) Where an address for service is not filed as required by sub-rule (1), the Registrar shall send the person concerned notice to file an address for service within two months of the date of the notice and if that person fails to do so–

(a) in the case of an application as is referred to in clause (a) or (c) of sub-rule (1), the application shall be treated as abandoned.

(b) in the case of a person as is referred to in clause (b) or (d) of sub-rule (1), he shall be deemed to have withdrawn from the proceedings; and

10. Agency.– The authorization of an agent, being either a legal practitioner or a person registered as a trade mark agent shall be executed in the form as set out in Form TM-48.