TRADEMARK

NAMES AND ROLL NO.

→ SAJAWAL RASOOL 16400920-034
→ ALI AFTAB 16400920-044
→ USAMA SIDDIQUI 17460920-130
→ AWAIS 17460920-067
→ ZUNAIR 17460920-016
TRADEMARK

→ Zunair
→ 17460920-016
INTRODUCTION
→ A trademark is anything that is used, or intended to be used, to
identify the goods of one manufacturer from the goods of others.
→ Trademarks include words, names, symbols and logos. Anything that
distinctly identifies your company can be a trademark, provided that
it is for goods.
Benefits

→Ownership
→Protection
Criteria of Protectability
→ The requirements which a sign must fulfill in order to serve as a trademark
are reasonably
standard throughout the world. Generally speaking, two different kinds of
requirement are to be
Distinguished.
Criteria of Protectability
→ The first kind of requirement relates to the basic function of a trademark,
namely, its
function to distinguish the products or services of one enterprise from the
products or services of
other enterprises. From that function it follows that a trademark must be
distinguishable among
different products.
Criteria of Protectability
→ The second kind of requirement relates to the possible harmful effects of a
trademark if it
has a misleading character or if it violates public order or morality.
Protection of Trademark Rights
→ A trademark can be protected on the basis of either use or registration. Both
approaches
have developed historically, but today trademark protection systems generally
combine both
elements. The Paris Convention places contracting countries under the obligation
to provide for a
trademark register. Over one hundred and fifty States have adhered to the Paris
Convention.
Nearly all countries today provide for a trademark register, and full trademark
protection is properly
secured only by registration.
Protection of Trademark Rights
→ Use does still play an important role, however: first of all, in countries that
have traditionally
based trademark protection on use, the registration of a trademark merely
confirms the trademark
right that has been acquired by use. Consequently, the first user has priority
in a trademark
dispute, not the one who first registered the trademark.
Trademark Registration

→ Usama
→ 17460920-130
Trademark Registration
Application for Registration
→ Applications for registration of a trademark are to be filed with the
competent government authority.
→ The application form has to be completed with the name and address of the
applicant.
→ The sign should be registered in color, the colors must be claimed and a
specimen in color or the description of the color(s) must be submitted.
Trademark Registration
→ If a three-dimensional sign is filed for registration, it is necessary to claim
protection of the sign in its three-dimensional form. The sign must moreover
be graphically represented in a manner.
→ The applicant has also to list the goods for which the sign is to be registered.
Trademark laws provide generally for a classification of goods for the
purposes of registration.
→ one or more lots of fees have to be paid for the registration of a trademark.
Examination
Examination as to Form
→ Countries generally accept an application for registration of a trademark only if the formal
requirements are fulfilled.

Examination as to Substance
→ Most countries examine trademark applications as to substance in the interest of both the public
and competitors.

Refusal of Registration
→ Before issuing a total or partial refusal of the application, the office should give the applicant
an opportunity to make observations.
Examination
Date of Registration
→ If the application leads to registration, the office issues a certificate to the
owner. The owner’s exclusive right exists from the date of registration,

Duration and Renewal

→ Since trademarks do not grant an exclusive right that could be exploited,
there is no need to limit their validity. For administrative reasons, a time
limit is generally provided for in trademark laws, but it is possible to renew
registrations when the time limit expires.
Examination
Publication and Access to the Register
→ It is important for owners of prior rights and the public that all relevant data
contained in the register, concerning applications, registrations, renewals
and changes of name, address and ownership, should be published in an
official gazette.
Trademark Piracy, Counterfeiting and Imitation of Labels and
Packaging

Awais
17460920-067
Trademark Piracy, Counterfeiting and Imitation of Labels and
Packaging
→ Trademark Piracy
→ Trademark piracy means the registration or use of a generally well-known
foreign trademark
that is not registered in the country or is invalid as a result of non-use.
Trademark Piracy, Counterfeiting and Imitation of Labels and
Packaging
→ Counterfeiting
→ Counterfeiting is first of all the imitation of a product. The counterfeit is not
only identical
in the generic sense of the term. It also gives the impression of being the
genuine product (for
instance a LOUIS VUITTON bag), originating from the genuine
manufacturer or trader.
Change of Ownership
→ Reasons for Change of Ownership
→ The ownership of a trademark can change for different reasons and in
different ways.
→ Voluntary Change of Ownership
→ Recordal of Change of Ownership