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LawBytes · Legal Guides

Trademark Opposition and Infringement in Pakistan: Protecting a Brand

What to do when someone applies for a mark similar to yours, or uses your brand without permission. Opposition, infringement and passing off.

Registering a trademark is the beginning of protection. Enforcing it, and preventing others from registering something confusingly similar, is where the value is realised.

Opposition

Applications are published to allow anyone with an interest to oppose. Where a published mark is confusingly similar to yours, opposition within the prescribed period is far cheaper and simpler than challenging a registration afterwards.

This requires actually monitoring the journal. Businesses that do not watch it lose the opportunity by default.

Infringement

Where a registered mark is used without authorisation in relation to the goods or services for which it is registered, infringement proceedings are available. Remedies can include injunction, damages or an account of profits, and delivery up of infringing material.

Passing off protects unregistered marks

Where a mark is unregistered, the action of passing off may still protect goodwill built up in it. It is harder to establish than infringement, because reputation and confusion must be proved rather than presumed from the register.

This is the strongest practical argument for registering rather than relying on use.

Evidence of use

  • Dated samples of packaging, labelling and advertising
  • Invoices and sales records showing the mark in use
  • Evidence of the geographic extent of trading
  • Instances of actual customer confusion, where they exist

Act promptly

Delay weakens enforcement. A proprietor who tolerated an infringement for years has a harder case than one who objected on discovering it, particularly when seeking urgent relief.

What to do next

Bring the registration certificate, evidence of use, and details of the conflicting mark or use, including when you first became aware of it.

Official source

This links to the relevant authority’s own website for reference. It is not affiliated with WaleedMJ Law and we are not responsible for its content.

Written by

Waleed Mansoor

Advocate High Court · Founding Principal

LL.B., University of the Punjab. Diploma in Tax and Forensic Laws. Founder of LawBytes, and formerly Director of the Legal Leadership Forum. Practises across litigation, corporate, regulatory and immigration matters.

More about the practice

This is general legal information, not advice. It describes how a process generally works and does not address the facts of any particular matter. Reading it does not create a lawyer–client relationship, and outcomes depend on the specific facts of each case.

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