The Trade Marks Ordinance, 2001
Civil Laws · Federal · 2001 · XIX of 2001
Legal status
Legal status not independently verified
Effective date
2001-01-01
Sections
146
Current legal status not independently verified. Source: Pakistan Code (single official PDF, 2026-08-21). The text below is the official Pakistan Code text as retrieved; whether it is still in force, or has since been amended or repealed, has not been independently checked.
WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999 and the Provisional Constitution Order No. 1 of 1999, read with the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:— CHAPTER I.__ PRELIMINARY
- Section 1: Short title, extent and commencement
- Section 2: Definations
- Section 3: Goods and services when associated, etc
- Section 4: Reference to use of a trade mark, etc
- Section 5: Decision by tribunal regarding use of a trade mark
- Section 6: Application of other laws not barred
- Section 7: Appointment of Registrar and other officers
- Section 8: Power of Registrar to review, withdraw or transfer cases
- Section 9: Trade Marks Registry and branches thereof
- Section 10: Register of Trade Marks
- Section 10A: Validity of electronic documents
- Section 11: Evidence of entries in Register and things done by Registrar
- Section 12: Classification of goods and services
- Section 13: Publication of an alphabetical index of classification of goods and services
- Section 14: Absolute grounds for refusal of registration
- Section 15: Limitation as to colour
- Section 16: Use of names of chemical compounds barred
- Section 17: Relative grounds for refusal of registration
- Section 18: Meaning of “earlier trade mark”
- Section 19: Raising of relative grounds in case of honest concurrent use
- Section 20: Registration of parts of trade marks and of trade marks as a series
- Section 21: Registration subject to disclaimer
- Section 22: Application for registration
- Section 23: Date of filing
- Section 24: Co-ownership of trade mark
- Section 25: Meaning of Convention application, and right to priority
- Section 26: Application to provide temporary protection during exhibition
- Section 27: Examination of application
- Section 28: Publication, opposition proceedings and observations
- Section 29: Grounds of opposition
- Section 30: Circumstances in which opposition may proceed in the name of a person other than
- Section 31: Withdrawal of application
- Section 32: Definition of divisional application
- Section 33: Registration
- Section 34: Duration and renewal of registration
- Section 35: Renewal of registration
- Section 36: Effect of removal from Register for failure to pay fee for renewal
- Section 37: Alteration of registered trade mark
- Section 38: Surrender of registered trade mark
- Section 39: Rights conferred by registration
- Section 40: Infringement of registered trade mark
- Section 41: Infringement of trade mark by breach of certain restrictions
- Section 42: When a trade mark is not infringed
- Section 43: Registration to be prima facie evidence of validity
- Section 44: Registration to be conclusive as to validity after five years
- Section 45: Saving for words used as name or description of an article or a substance
- Section 46: Action for infringement
- Section 47: Order for erasure of offending mark
- Section 48: Order for delivery up of infringing goods, material or articles
- Section 49: Meaning of “infringing goods, material or articles”
- Section 50: Period after which remedy of delivery be not available
- Section 51: Order as to disposal of infringing goods, material or articles
- Section 52: Remedy for groundless threats of infringement proceedings
- Section 53: Infringement goods, material or articles may be treated as prohibited
- Section 54: Notice for intervention by customs authorities
- Section 55: Furnishing of security or equivalent assurance to customs authority
- Section 56: Collector of Customs may seize goods bearing infringing trade mark
- Section 57: Notice of seizure
- Section 58: Forfeiture of goods
- Section 59: Release of goods
- Section 60: Action for infringement against importation of infringing goods
- Section 61: Action for infringement by licensee in relation to any seized goods
- Section 62: Disposal of forfeited goods
- Section 63: Power of the Collector of Customs to retain control of goods
- Section 64: Insufficient security
- Section 65: The Federal Government not be liable to loss, etc., suffered because of
- Section 66: Power of the Collector of Customs to make regulations
- Section 67: Definition of unfair competition and provisions relating thereto
- Section 68: Misleading and comparative advertisement
- Section 69: Assignment of registered trade mark
- Section 70: Registration of transactions affecting registered trade mark
- Section 71: Application for registration of trade mark as an object of property
- Section 72: Proposed use of trade mark by company to be formed
- Section 73: Revocation of registration
- Section 74: Use of trade mark by a person other than the proprietor thereof
- Section 75: Licensing of registered trade mark
- Section 76: Exclusive license defined
- Section 77: General provisions as to the rights of licensees in case of infringement
- Section 78: Exclusive licensee having rights and remedies of assignee
- Section 79: Surrender of registered trade mark
- Section 80: Grounds for invalidity of registration
- Section 81: Effect of acquiescence
- Section 82: Collective marks
- Section 83: Certification marks
- Section 84: Domain names
- Section 85: Meaning of “Paris Convention” and “Convention country”
- Section 86: Protection of well known trade mark
- Section 87: National emblems of Convention countries
- Section 88: Emblems of certain international organizations
- Section 89: Notifications under Article 6ter of the Paris Convention
- Section 90: Acts of agent or representative
- Section 91: Nature of goods or services to which a mark is to be applied
- Section 92: Trade name
- Section 92A: International registration under Madrid Protocol
- Section 92B: Definitions
- Section 92C: Trade Marks Registry to deal with international applications
- Section 92D: International application originating from Pakistan
- Section 92G: Duration and renewal of international registration
- Section 92H: Transformation
- Section 92I: Extracts from the international register
- Section 93: Textile goods
- Section 94: Restrictions on registration of textile goods
- Section 95: Advisory Committees
- Section 96: Rectification or correction of Register
- Section 97: Adoption of entries to new classification
- Section 98: Meaning of applying a trade description
- Section 99: Penalty for applying false trade description, etc
- Section 100: Enhanced penalty on second or subsequent convictions
- Section 101: Penalty for falsification of entries in Register
- Section 102: Penalty for falsely representing a trade mark as registered
- Section 103: Restraint of use of Government Arms and State emblems
- Section 104: Offences by companies
- Section 105: Powers to award compensation for offences
- Section 106: Punishment of abetment in Pakistan of acts done out of Pakistan
- Section 107: Penalty for improperly describing a place of business as connected with the Trade
- Section 108: Power of Registrar to require use of forms
- Section 109: Information about applications and registered trade marks
- Section 110: Costs, security for costs and fine
- Section 111: Procedure before the Registrar
- Section 112: Certificate of validity of contested registration
- Section 113: Registrar's appearance in proceedings involving the Register
- Section 114: Appeal against the decision of the Registrar
- Section 115: Procedure before the Federal Government
- Section 116: Procedure in certain cases of option to apply to the High Court, a District Court or
- Section 117: Suits for infringement to be instituted before 1[IP Tribunal]
- Section 118: Costs of Registrar in proceedings before the High Court or 1[an IP Tribunal]
- Section 119: Burden of proving use of trade mark
- Section 120: Certain persons to be public servants
- Section 121: Documents open to public inspection
- Section 122: Death of a party to any proceedings under this Ordinance
- Section 123: Extension of time
- Section 124: Registrar and other officers not compellable to produce Register, etc
- Section 125: Power to require goods to show indication of origin
- Section 126: Address for service
- Section 127: Trade mark agents
- Section 128: Fees
- Section 129: The Federal Government and a Provincial Government to be bound
- Section 130: Power to make reciprocal arrangements with any other Government
- Section 131: Power of the High Court to make rules
- Section 132: Power of the Federal Government to make rules
- Section 133: Transitional
- Section 134: Repeal and savings
- THE FIRST SCHEDULE: THE FIRST SCHEDULE
- THE FOURTH SCHEDULE: THE FOURTH SCHEDULE
- THE SECOND SCHEDULE: THE SECOND SCHEDULE
- THIRD SCHEDULE: THIRD SCHEDULE
Legal information only. Verify current law and obtain advice from a qualified lawyer for your circumstances.