The Trade Marks Rules, 2004
PART
I
CHAPTER
I.– PRELIMINARY
1. Short title and commencement
2. Definitions
3. Forms
8. Particulars of applicants and other persons
10. Agency
CHAPTER II.– CLASSIFICATION
11. Classification of goods and services
CHAPTER III.– APPLICATION FOR REGISTRATION
12. Form and signing of application
13. Application to be confined to one class
16. Statement of user in application
18. Additional representations
19. Representation to be durable
20. Specimens of the mark in exceptional cases
22. Transliteration
23. Translation
24.
Acknowledgement of receipt of application
25. Deficiencies in application
26. Search
27. Objection to acceptance-hearing
CHAPTER IV.– ADVERTISEMENT OF APPLICATION
31. Decision of the Registrar to be notified
CHAPTER
V.– NOTICE OF NON-COMPLETION OF REGISTRATION
32. Procedure for giving notice
CHAPTER
VI.– REGISTRATION
33. Registration
35. Death of applicant before registration
37. Amendment of application after publication
38. Registration of a series of trade mark
CHAPTER
VII.– COLLECTIVE
MARKS
39. Application for registration and proceedings relating thereto
40. Opposition to registration of collective marks
41.
Amendment of regulation relating to collective marks and renewal
42. Rectification of collective mark
CHAPTER
VIII.– CERTIFICATION
TRADE MARKS
43. Application for registration and proceedings thereto
44.
Opposition to registration of certification trade mark and renewal
45.
Rectification of certification trade mark
47. Registration subject to disclaimer or limitation
48. Certificate of registration
CHAPTER
IX.– DIVISIONAL APPLICATION
CHAPTER
X.– RENEWAL
AND RESTORATION
50. Reminder of renewal of registration
52. Advertisement of non-payment
53. Restoration of registration
54. Alteration of registered trade mark
55. Surrender of registered trade mark
CHAPTER
XI.–ASSIGNMENT
AND TRANSMISSION
56.
Application for entry of assignment or transmission
57.
Assignments involving transmission of moneys outside Pakistan and assessment of
goodwill of business
59.
Application for entry of assignment without goodwill
61.
Registrar’s approval as to certain assignments and transmission
62.
Registration of assignment to a company
63. Application for entry of license
64.
Registered proprietor’s application to vary entry
65. Cancellation of the registration of registered licensee
67. Registered licensee’s application
68. Revocation, invalidation and rectification
69. Intervention by third parties
70. Change of name, address or address for service
CHAPTER XII.– RE-CLASSIFICATION OF GOODS AND SERVICES IN RESPECT OF EXISTING REGISTRATION
71. Re-classification in respect of existing registration
74. Information available before publication
77. Decision of Registrar to be taken after hearing
78. Evidence in proceedings before Registrar
79. Registrar’s power to require documents, information or evidence
81. Correction of irregularities, calculation of times and periods
CHAPTER
XIII.– AWARD OF COSTS BY REGISTRAR
82. Costs in uncontested cases
84. Supply of certified copies, etc
CHAPTER
XIV.-APPEAL TO THE HIGH COURT
85. Time for appeal
CHAPTER
XV.-MISCELLANEOUS
86. Certificate of validity to be noted
87. Request to Registrar for search
88. Personal Search
89. Distribution of copies of Journal and any other document
90. Applications made to the Court to be served on the Registrar
91. Exercise of discretionary power of Registrar
PART
II
SPECIAL
PROVISION FOR TEXTILE MARKS
CHAPTER
I.-MISCELLANEOUS
93. Rules to apply to textile marks
94. Textile marks
95. Textile goods
97. Grouping of items of the Fifth Schedule
CHAPTER
II.-CONDITIONS AND RESTRICTIONS FOR
REGISTRATION
OF LETTERS AND NUMERALS
98. Definitions
99. Non-registrability of certain marks
100. Marks likely to deceive or to cause confusion
CHAPTER
III.-ADVISORY COMMITTEE
101. Constitution of Advisory Committee
102. Tenure of office of members
104. Co-option of members
105. Meetings of the Advisory Committee
106. Secretary of the Advisory Committee
108. Facts of a case for advice
109. Time limit for giving advice
110. Further information
112. Decision by voting
113. Record of meetings
PART III
REGISTRATION
OF TRADE MARK AGENTS
114. Definitions
115. Register of trade mark agents
116. Eligibility for registration
117. Persons debarred from registration
118. Manner of making application
119. Application for registration as a trade mark agent
121. Registration in the Register of trade mark agents
122. Continuance of a name in Register of trade mark agents
123. Removal of agent’s name from Register of trade mark agents
124. Restoration of removed names
125. Alteration in the Register of trade mark agents
126. Publication of the Register of trade mark agents
127. Registration of existing trade mark agents
PART
IV
RULES
RELATING TO BRANCH REGISTRY
128. Establishment and administration of Branch Registry
129. Applications, etc
130. Inspection of copy of Register, etc
131. Hearing at a Branch Registry
PART
V
RETURN
OF EXHIBITS AND DESTRUCTION OF RECORD
132. Return of exhibits
PART
VI
MISCELLANEOUS
134. Form for conversion of pending application
135. Repeal and savings