EXTRAORDINARY
PUBLISHED BY AUTHORITY
Statutory Notifications (S.R.O.)
GOVERNMENT OF PAKISTAN
MINISTRY OF COMMERCE
NOTIFICATION
lslamabad, the 6th April, 2004
S. R. o. 211 (1)/2004. -In exercise of the powers conferred by sub-section (1) of section 132 of the Trade Marks Ordinance, 2001 (XIX of 2001), the Federal Government is pleased to make the following rules, the same having been previously published as required by the said sub-section, namely:
THE TRADE MARKS RULES, 2004.
PART I
CHAPTER 1.-PRELIMINARY
I
l. Short title and commencement.-(1) These rules may be calle," the Trade Marks Rules, 2004.
(2) They shall come into force at once.
2. Definitions.-(l) In these rules, unless there is anything repugnant in the subject or context,
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.
(2) Fee may be paid in cash at the Registry or any Branch or m2y be
sent by money order, postal order, cheque, bank draft or
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
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
.
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
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 In the case of a firm, the full name and nationality of every partner thereof shall be stated.
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
of such application.
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.
CHAPTER II.-CLASSIFICATION
11. Classification of goods and services.-For the purposes of the registration of a trade mark and of these rules, goods and services shall be classified in the manner specified in the Fourth Schedule, which sets
the current version of
classes of the International Classification of goods and services.
Page 6
CHA.PTER III.-APPLICATION FOR REGISTRATION
12. Form and signing of application.-(1) An application to the Registrar for the registration of a trade mark shall be signed by the applicant or his agent and shall be subject to the pay ment of the application fee.
(l0) An application under clause (6) of the Second Schedule to the Ordinance to register a certification trade mark for, a specification of goods or services from a convention country under section 25 shall be made in the form as set out in Form TM-52.
13. Application to be confined to one class.-Every application for the registration of a trade mark shall be in respect of goods or services in one class only of the Fourth Schedule.
1-1-. Separate application.-An application for the registration of the same trade mark in different classes shall be treated as separate and distinct applications, and in all cases where a trade mark is registered under the same official number for goods or
whether on conversion of the specification under rule 71 or services included in each separate be a separate registration for all the purposes of the Ordinance.
15. Claim of priority.-(1) Where a right to priority is claimed by reason ot an application for protection of a
mark duly filed in a convention country under section 25 particulars of that claim shall be included in the application for registration under rule 12 and, where no certificate as is referred to in sub-rule (2) is filed with the application, such particulars shall include the country or countries and the date or dates of filing.
(2) Where the representation exceeds such space in size, the representation shall be mounted upon linen, tracing cloth or such other material as the Registrar may consider suitable. Part of the mounting shall be affixed in the space aforesaid and the rest may be folded.
18. Additional representations.-Every application for the registration of a trade mark shall, except as hereinafter provided, be made in duplicate and shall be accompanied by six additional representations
of the mark on the application and its duplicate and the additional representations shall correspond exactly with the other. The additional representations shall in all cases be noted with all such particulars as may from time to time be required by the Registrar. Such particulars shall, if required, be signed by the applicant.
19. Representation to be durable.-All representations of trade marks must be of a durable nature and each additional representation required to be filed with an application for registration shall be mounted on a sheet of strong paper of the size of
inches, leaving a margin of not less than one inch and-a-half on the left hand part of the sheet.
approximately thirteen inches by
22. Transliteration.-Where a trade mark contains a word or words in characters other than Roman, there shall, unless the Registrar otherwise directs, be endorsed on the application form, and on each of the accompanying representations, a sufficient transliteration to the satisfaction of the Registrar of each of such words, and every such endorsement shall state the language to which the word belongs and shall be
signed by the applicant.
23. Translation.-Where a trade mark contains a word or words in a language other than English, the Registrar may ask for an exact translation thereof together with the name of the language, and such translation and name, if he so requires, shall be endorsed and signed as aforesaid.
24. Acknowledgement of receipt of application.-Every application for the
2S. Deficiencies in application.-Where an application for registration of a trade mark does not satisfy the requirements of sub-section (2),(3) or (S) of section 22 or rule
13, the Registrar shall send notice thereof to the applicant to remedy the deficiencies or, in the case of sub-section (S) of section 22, the default of payment and if within two months of the date of the notice the applicant
26. Search.-Upon receipt of an application for the registration of a trade mark in respect of any goods or services and upon satisfying the requirements of sub section
in respect of same goods or services or same description of goods or services any marks identical with the mark sought to be registered or so nearly resembling it as to render it likely to deceive or cause confusion and the Registrar may cause the search to be renewed at any time before the acceptance of the application, but shall not be bound to do so.
27. Objection to acceptance-hearing.-(1) If, on consideration of an application, and on any evidence of use or of distinctiveness or of any other matter which the applicant may or may be required to furnish the Registrar has any objection to the
acceptance of the application or proposes to accept it subject to such conditions, amendments, disclaimers, modifications or limitations as he may think right to impose, the Registrar shall communicate such objection or proposal in writing to the applicant.
(2) Unless within two months from the date of communication specified in subrule (I), the applicant alters his application according to the proposal aforesaid or makes
or applies for a hearing or fails to attend hearing, the application shall be
(3) An application which is treated as abandoned under sub-rule(2), clause(b) of rule 2S or sub-section (S) of section 33 may be restored to the file on sufficient cause being shown to the satisfaction of the Registrar and on an application to that effect being
28. Decision of Registrar.-(1) The decision of the Registrar under section 27 after a hearing or hearing if the applicant has duly communicated his observations in \vriting and has stated that he does not desire to be heard, shall be communicated in writing, and if the applicant intends to appeal from such decision he may within one month from the date of communication apply in the form as set out in Form TM-15 to the Registrar requiring him to state in writing the grounds of, and the materials used by him in arriving at his decision.
CHAPTER IV.-ADVERTISEMENT OF APPLICATION
29. Manner of advertisement.-(1) An Application for the registration of a trade mark required or permitted to be advertised by sub-section (1) of section 28 shall be advertised in the Journal during such time and in such manner as the Registrar may direct. The advertisement should contain the following particulars, namely:
| (a) | Specimen of the trade mark; | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| (b) | application number; | ||||||||
| (c) | the class number of the goods or servic | es in | respect of | which registration | |||||
| of the trade mark is sought; | |||||||||
| (d) | description of goods or services for | which th | e registration is sought; | ||||||
| (e) | the name and address of applicant: | ||||||||
| (f) | the date of filing the application; | ||||||||
| (g) | the agent' s | name | and address | (in | case | the | application, | on | behalf of the |
| applicant, is made by his agent); | |||||||||
| (h) | description of limitations, conditions and disclaimers imposed; | ||||||||
(1) of section 28. U) particulars of any claim for a right of priority for the application;
(k) in case application has been accepted by consent the words "B y consent" shall appear in the advertisement;
if no representation of the trade mark be included in the advertisement of the application. the place or places where a specimen or representation of the trade mark may be inspected should be mentioned in the advertisement; and
(m) in case application has been accepted in series the words "in series" should
(2) For the purpose of in the Journal,
the applicant may within two months supply or be required to supply "film positives" of the trade mark satisfactory to the Registrar or shall supply such information or other means of advertising the trade mark as may be re quired by the Registrar. Any "film positives" so sent to
Registrar shall be retained by the Trade Marks Registry.
30. Opposition proceedings.-(1) Notice of opposition to the registration of a
in the form as set out in Form TM-5 in duplicate
trade mark shall be sent to the
within two months from the date of the advertisement or re-advertisement or within such further period not exceeding two months in the aggregate as the Registrar may allow, and shall include a statement of the grounds of opposition. The Registrar shall send a copy of the grounds of the notice and the statement to the applicant.
(2) Within one month from the receipt by the applicant of such copy of the notice of opposition or within such further period not exceeding two months in aggregate as the Registrar may allow, the applicant shall send to the Registrar a counter-statement in the form as set out in Form TM-6 in duplicate, and if he does not do so he shall be deemed to have abandoned his application. The Registrar shall send a copy of counter
statement in the form as set out in Form TM-6 to opponent.
such further period as the Registrar may allow, the person opposing the application shall file such evidence by way of declaration or affidavit, as he may consider necessary to adduce in support of his opposition and shall send a copy thereof to the applicant.
Where any document or exhibit is in a language other than English is referred in the notice of opposition, counter-statement or an affidavit filed lD an opposition, an attested translation thereof in English shall be furnished in duplicate.
Page 11
(12) Upon completion of evidence, if any, the Registrar shall give notice to the parties of a date when he will hear the arguments in the case. Such appointment shall be for a date at least one month after the date of the notice, unless the parties consent to a
shorter notice. Within fourteen days from the receipt of the notice, any party who intends to appear shall so notify the Registrar in the form as set out in Form TMc7. Any party who does not so notify the Registrar within the time last aforesaid may be treated as not
desiring to be heard and the Registrar may act accordingly.
31. Decision of the Registrar to be notified: (1) The decision of the Registrar shall be notified in writing to the person opposing the application and the applicant.
(2) For the purpose of any appeal agair:st the Registrar's decision the date of the decision shall be the date when notice of the decision is sent under sub-rule Cl)·
CHAPTER V,-NOTICE OF NON-COMPLETION OF REGISTRATION
32. Procedure for giving notice.- The which the Registrar is required by sub-section (5) of section 33, to give to an shall be sent to the applicant at his trade or business address or address for service in the form as set out in Form 0-1, but if the applicant has authorized an agent for the purpose of the application, the notice shall be sent to the agent and a duplicate thereof to the applicant. The notice shall specify twenty-one days time from the date thereof or such further time as the Registrar may allow, for completion of the registration.
CHAPTER VI.-REGISTRA TION
Ca) the date of registration as determined in accordance with section 23 (that is to say, the date of the filing of the application for registration);
(b) the actual date of registration (that is to say, the date of the entry in the Register);
| (d) | the priority date, if any, to be accorded pursuant to claim to priority made under section 25; | a | right to |
| (d) | the name and address of the proprietor; | ||
| (e) | the address for service as furnished pursuant to rule 9; | ||
| (f) | any disclaimer or limitation of rights under section 21 ; | ||
| (g) | any memorandum or statement of the effect of any memorandum relating to a trade mark of which the Registrar has been notified in the form as set out in Form T'M-37; | ||
mark or earlier right, that fact.
35. Death of applicant before registration . ...:. In case of death of any applicant for the registration of a trade mark after the date of his application and before the trade mark has been entered in the Register, the Registrar may, on proof of the applicant's death and of the title of another person
the ownership of the trade mark being furnished to him within ninety days enter in the Register the name, address and description of that person as the proprietor of the trade mark.
(2) Notice of opposition to the amendment shall be sent to the Registrar in the form as set out in Form TM-5 within two month of the date on which the application as amended was published under sub-rule (1), and shall include a statement of the grounds
·
of objection and, in particular, how the amendments would be contrary to sub section (7) of section 27.
(3) The provisions of rule 30 shall apply to proceedings relating to the opposition to the amendment of the application as they apply to proceedings relating to opposition to the registration of a trade mark.
38. Registration of a series of trade mark.- The proprietor of a seri'es of trade marks may apply to the Registrar for their registration as a series in a single registration and there shall be included in such application a representation of each mark claimed to
be in the series, and the
shall, if satisfied that the marks constitute a series,
accept the application.
CHAPTER VII.-COLLECTIVE MARKS
39. Application for registration and proceedings relating thereto.-(1) An Application for the registration of a collective mark for goods or services shall be made to the Registrar in the form as set out in Form TM-3 or TM-51, as the case may be, in triplicate and shall be accompanied by six additional representations of the mark. The draft regulation to be forwarded with the application under paragraph 5 of the First Schedule to the Ordinance shall be in triplicate and shall be accompanied by the requisite information in the form as set out in Form TM-49.
mark shall specify, inter alia, the
following, namely:
without giving to the applicant an opportunity of being heard.
40. Opposition to reg istration of collective marks.-(1) On acceptance of an
.
application the Registrar shall cause the application be advertised in the Journal and the provisions of sub-rules(l) to (12) of rule 30 shall apply in relation to an application for the registration of a trade mark.
(2) In any case of doubt with regard to proceedings on the opposition to the registration of a collective mark any party may apply to the Registrar for directions.
Ordinance shall be made in the form as set out in Form TM-43 and shall set forth particulars of the grounds on which the application is made. The provisions of sub-rules(2) to (12) of rule 30 shall apply mutatis mutandis for
Schedule to
proceeding in the matter.
CH.APTER VIII.-CERTIFICATION TRADE MARKS
43. Application for registration and proceedings thereto .-(1) An application
for the registration of a certification trade mark shall be made to the Registrar in the form as set out in Form TM-4 or Form TM-52, in triplicate, and shall be accompanied by six additional representation of the mark. The draft regulations to be forwarded with the application under paragraph 6 of the Second Schedule to the Ordinance shall be in
(2) An applicant applying for the registration of a certification trade mark shall not be deemed to have abandoned his application if, in the circumstances specified in sub-rule(2) of rule 27 he does not apply for a hearing or reply in writing.
(3) The regulation governing a certification trade marks shall specify, inter alia. the following, namely:
-
(a) The description of the applicant;
(b) the nature of the applicant's business;
(e) the applicant's financial arrangement;
trade mark to be examined in the first instance as to whether it satisfies the requirement of the Ordinance and the rules and issue a report to the applicant.
(6) The Registrar shall not refuse an application for registration of a certification trade mark or accept the application subject to any conditions or limitations or impose amendments or modifications to the application or to the regulations without giving to the applicant an opportunity of being heard.
44. Opposition to registration of certification trade mark and renewal.-(1)
On acceptance of an application the Registrar shall cause the application to be advertised in the Journal and the provisions of sub-rules (1) to (12) of rules 30 shall apply mutatis mutandis as they apply in to an application for the registration of a trade mark.
lP/NI lIP AKlV2 Page 15
(2) An application for the consent of the Registrar to the assignment and
of a certification trade mark under paragraph 12 of the Second Schedule to the Ordinance shall be made in the form as set out in Form TM-22.
47. Registration subject to disclaimer or limitation.-Where the applicant for registration of a trade mark or the proprietor by notice in writing sent to the Registrar -
| Ca) | disclaims any right to the exclusive use of any specified element of the |
| trade mark; or | |
| Cb) | agrees that the rights conferred by the registration shall be subj ect to a |
specified territorial or other limitation,
the Registrar shall make the appropriate entry in the Register and publish such disclaimer or limitation.
48. Certificate of registration.-The certificate of registration of a trade mark to be issued by the Registrar under sub-section (4) of section 33 shall be in the form as set out in Form 0-2 with such modifications as the circumstances of any case may require, and the Registrar shall annex a copy of the trade mark to the certificate.
CHAPTER IX.-DIVISIONAL APPLICATION
49. Divisional application.-An application under section 32 shall be made in the form as set out in Form TM 14 and shall include a statement of the grounds of the application.
CHAPTER X.-RENEWAL AND RESTORATION
50. Reminder of renewal of registration.-At any time not earlier than six months nor later than one month before the expiration of the last registration of a trade mark, the Registrar shall (except where renewal has already been effected under rule 51) send to the registered proprietor a notice in the form as set out in Form 0-3 of the
approaching expiration and inform him at the same time that the
may be
renewed in the manner described in rule 51
51 . Renewal of registration.-Renewal of registration shall be effected by filing a request for renewal in the form as set out in Form TM-12 along w ith the prescribed fee at any time within the period of six months ending on the date of expiration of the registration.
52. Advertisement of non-payment.-(1) If at the expiration of the last registration of a trade mark the renewal fee has not paid, the Registrar shall
advertise the fact forthwith in the Journal and if within six months of that advertisement the renewal fee along with a request for renewal in the form as set out in Form TM-12 and together with the prescribed additional fee. is received, he shall renew the registration without removing from the Register.
(2) Where no request for renewal is filed as Regist rar shall, subject to rule 53 , remove the mark from the Register.
be renewed on payment of
of rule 51, he may, upon a request filed in the form as set out in Form TM-13 within six months of the date of the removal of the mark accompanied by the appropriate renewal fee and appropriate restoration fee, restore the mark to the Register and renew its
54. Alteration of registered trade mark.-(1) The proprietor may request the Registrar in the form as set out in Form TM-38 for such alteration of his registered mark as is permitted under section 37; and the Registrar may require such evidence by statutory declaration or affidavit or otherwise as to the circumstances in which the application is made. The proprietor shall furnish six copies of the mark as it will appear when so added to or altered.
Where, upon the request of the proprietor, the
proposes to allow such alteration, he shall publish the mark as altered. The proprietor shall supply "film of the mark so altered or added to for advertising in the Journal.
(3) Any person claiming to be affected by the alteration may within three months of the date of publication of the alteration under sub-rule(2) send a notice in the form as set out in Form TM-39, in duplicate, to the Registrar of opposition to the alteration and shall include a statement of the grounds of opposition; the Registrar shall send a copy of the notice and the statement to the proprietor and thereafter the procedure specified in rule 30 shall apply to the proceedings as they apply to proceedings relating to
to an application for registration.
55. Surrender of registered trade mark.-(1) Subject to sub-rule (2), the proprietor may surrender a registered trade mark, by sending notice to the Registrar
as set out in Form TM-35 in respect of all the goods or services for which it is registered; or
(a) in
CHAPTER XI.-ASSIGNMENT AND TRANSMISSION
56. Application for entry of assignment or transmission.-(1) An application to register the title of a person who becomes entitled by assignment or transmission to a registered trade mark shall be made in the form as set out in Form TM-24 or Form TM
23 by such person alone or jointly with the registered proprietor.
furnishing proof of his title, he shall, unless the
otherwise directs, either upon or with the application, state a case setting forth the full particulars of the facts upon which his claim to be proprietor of the trade mark is based and showing that the trade mark has been assigned or transmitted to him. If the Registrar so requires, the case shall be verified by an affidavit in the form as set out in Form TM-18.
(4) The Registrar may call upon any person who applies to be registered as proprietor of a registered trade mark to furnish such proof or additional proof or" title as he may require for his
transmission except on production of the permission of the authority specified in such law for such transmission.
58. Application for Registrar's direction as to advertisement of an assignment of a trade mark without goodwill of the business.-(1) Any person who desires registration of a assignment or transmission of a trade mark under sub-rule(l) of rule 56 without goodwill of the business under sub-section(2) of section 69 shall make an application in the form as set out in Form TM-20, and shall state the date on which the assignment was made. The applicant shall give particulars of the registration in the case of a registered trade mark, and in the case of an unregistered trade mark shall show the mark and give particulars including user of the registered as well as of the unregistered trade mark that has been assigned therewith. The Registrar may call for any evidence or further information and if he is satisfied with regard to the various matters he shall issue directions in writing with respect to the advertisement of the assignment.
(2) The Registrar may refuse to consider an application referred to in subrule(l), in a case to which sub-section(3) of section 69 applies unless his approval has been obtained under the rule 61 and a reference identifying the Registrar's notification of approval included in the application.
(3 ) A request for an extension of the period within which the application referred to in sub-rule (1) may be made shall be in the form as set out in Form TM-21, and may be made at any time before or during the period for which extension can be allowed. The extension of the period which the Registrar may allow shall not exceed three months.
59. Application for entry of assignment :without goodwilI.-An application under sub-rule(1) of rule 56 relating to an assignment of a trade mark in respect of any goods or services shall state
in case both the circumstances referred to in clauses (a) and (b) exist, then the applicant shall leave at the Trade Marks Registry a copy of the directions to advertise the assignment, obtained upon application under rule 58 and such proof, including copies of advertisement or otherwise, as the Registrar may require, to show that the directions have been fulfilled and if the Registrar is not satisfied that the directions have been fulfilled he shall not proceed with the application.
60. Separate registration.-Where pursuant to an application under sub-rule(l) of rule 56 and as a result of a division and separation of the goods or services of a registration or a division and separation of places of markets, different persons become registered separately under the same registration number as subsequent pronrietors of a
trade mark, each of the resulting separate registrations in the names of those different persons shall be deemed to be a separate registration for all the purposes of the Ordinance.
61. Registrar's approval as to certain assignments and transmission. Any person who desires registration of assignment or transmission under sub-rule(l) of rule S6 relating to an assignment of a trade mark under sub-section(3) of section 69 shall obtain registrar's approval and shall send to the Registrar with his application in the form as set out in Form TM-17 or Form TM-19, as the case may be, a statement of case in duplicate setting out the circumstances and a copy of any instrument or proposed
effecting the assignment or transmission. The Registrar may call for any evidence or further information that he may consider necessary and the statement of case shall be amended if required to include all the relevant circumstances and shall if required, be verified by an affidavit. The Registrar, after hearing, if so required, the applicant and any other person whom the Registrar may consider to be interested in the transfer shall consider the matter and issue a certificate thereon or a notification in writing of approval or disapproval thereof, as the case may be, to the applicant and shall also inform such other person accordingly. 'Nhere a statement of case is amended, two copies thereof in its final form shall be left at the Trade Marks Registry. The Registrar shall seal a copy of the statement of case in its final form to the certificate or notification.
(2) The entry of a registered licensee in the Register shall contain the following particulars, namely:
| (a) | Registration number and class; | ||||
|---|---|---|---|---|---|
| (b) | name and address of registered proprietor, | ||||
| (c) | name and address of registered licensee; | ||||
| (d) | goods in respect of which licensee is registered; | ||||
| (e) | address for service; | ||||
| (f) | whether licensee is exclusive licensee or non-exclusive; | ||||
| (g) | whether permitted use is to be for | a | specific period | or | without limit of |
| period; | |||||
| (h) | any conditions or restrictions proposed with respect to the charactenstlcs | ||||
| of the goods, to the mode or place of permitted use, or to any other matter; | |||||
| and | |||||
of relationship, existing or proposed, between the proprietor
and the proposed registered licensee, including particulars showing the degree of control by the proprietor over the permitted use which their relationship will confer.
64. Registered proprietor's application to vary entry.-An application by the registered proprietor of a mark for the variation of the registration of a registered
mark under clause (a) of 4) of section 70 shall be made in the form as set out in Form TM-29 and shall be accompanied by a statement of the grounds on which is made and, where the registered licensee in question consents, by the written consent of that registered licensee.
licensee of that
65. Cancellation of the registration of registered licensee.-(1) An application for the cancellation of the registration of a registered licensee under clause (b) of subsection( 4) of section 70 shall be made in the form as set out in Form TM-30 or Form TM31, as may be appropriate, and shall be accompanied by statement of grounds on which it is made.
(2) In case of the registration of a registered licensee for a period, in accordance with clause(i) of sub-section( 4) of section 70, the Registrar shall cancel the entry of the registered licensee at the end of that period. Where some or all of the goods are omitted from those in respect of which a trade mark is registered, the Registrar shall at the same time omit them from those specifications of registered licensee of the trade mark in which they are comprised. The Registrar shall notify every cancellation or omission under this sub-rule to the registered licensee or licensees whose· permitted use is affected thereby and to the registered proprietor of the trade mark.
66. Notification and hearing.-The Registrar shall notify in writing applications under clause(b) of sub-section( 4) of section 70 to the registered proprietor and each registered licensee (not being the applicant) under the registration of the trade mark. Any person so notified who intends to intervene in the proceedings, shall within one month of the receipt of such notification give notice to the Registrar in the form as set out in Form TM-32 to that effect and shall send therewith a statement of the grounds of his intervention. The Registrar shall thereupon
or cause to be served copies of such notice and statement on the other parties, viz., the applicant, the registered proprietor, the registered licensee whose registration is in suit, and any other registered licensee who intervenes. Any such party may, within such time or times as the Registrar may appoint, leave evidence in support of his case, and the Registrar after giving party an opportunity of being heard may accept or refuse the application or accept it subject to any conditions, amendments, modifications or limitations he may think right to impose.
67. Registered licensee's application.-An application under sub-section (4) of section 96 shall be made in the form as set out in Form TM-16 or Form TM-33 or Form TM-34, as may be appropriate, by a registered licensee of a trade mark or by such person
as may notify the Registrar that he is entitled to act in the name of a registered licensee and the Registrar may require such evidence by affidavit or otherwise as he may think fit as to the circumstances in which the application is made.
68. Revocation, invalidation and rectification.-(1) An application to the Registrar for revocation under section 73, or declaration of invalidity under section 80 of the registration of a trade mark or for rectification of an error or omission in the Register under section 96 shall be made in the form as set out in Form TM-26 together with a statement of the grounds on which the application is made. Where the application is made by a person other than the proprietor of the registered trade mark, the application and the statement of the grounds aforesaid shall be left at the Registry, in duplicate. The duplicate copies shall be transmitted forthwith by the Registrar to the registered proprietor.
(2) Upon an application referred to in sub rule (1) being made and copies thereof being transmitted to the registered proprietor, if necessary, the provisions of sub-rules(2) to (12) of rule 30 shall apply mutatis mutandis to the further proceedings on the application but the Registrar shall not rectify the Register merely because the registered proprietor has not filed a counter-statement, save that, in case of an application for
revocation on the grounds of non-use under clause(a) or (b) of sub-section(l) of section 73, the application shall be granted where no counter-statement is filed.
69. Intervention by third parties.-(1) Any person, other than the registered proprietor, alleging interest in a registered trade mark in respect of which an application is made under rule 68 may apply in the form as set out in Form TM-27 for leave intervene, stating
nature of his interest, and the Registrar may refuse or grant such leave after hearing, if so required, the parties concerned, upon such conditions and terms as he may deem fit.
70. Change of name, address or address for service.-(1) The Registrar shall, on a request made in the form as set out in Form TM-33 or Form TM-34, as may be appropriate, by the proprietor of a registered trade mark or a licensee or any person having interest in or charge on a registered trade mark which has been registered under rule S6 or 62, enter any change in his name or address as recorded in the Register.
(2) The Registrar may at any time, on a request made in the form as set out in Form TM-SO by any person who has furnished an address for service under rule 9, if the address is recorded in the Register, change it.
CHAPTER XII.-RE-CLASSIFICA TION OF GOODS AND SERVICES IN
RESPECT OF EXISTING REGISTRATION
71. Re-classification in respect of existing registration.-(1) On the classification set forth in the Fourth Schedule, the registered proprietor of a trade mark may apply to the Registrar in the form as set out in Form TM-40 for the conversion of the specification relating to the trade mark, so as to bring that specification into conformity with the specification as set forth in the
Schedule. The application shall include a request for the like conversion of the specification in respect of any registered licensee under that registration, and the registered proprietor shall serve a copy of the application on the registered licensee or licensees of the trade mark, if any.
72. Notice of opposition.-(1) Notice of opposition shall be given in the form as set out in Form TM-4l, in duplicate, within two months from the date of advertisement of the proposal under sub-rule (2) or within such period not exceeding two months in the aggregate and shall be accompanied by a statement, in duplicate, showing how the proposed amendment would contravene the provisions of section 97. Where there are any registered licensees under the registration of trade mark in question such notice and statement shall also be accompanied by as many copies thereof as there are registered licensees. The Registrar shall within two months send a copy each of the notice and the statement the registered proprietor and to each registered licensee, if any, and within two months from the receipt by him of each copies the registered proprietor may send to the Registrar in the form as set out in Form TM-6 a counter-statement, in triplicate, setting fully the grounds on which the opposition is contested. If the registered proprietor sends such counter-statement. the Registrar shall serve a copy thereof on the person giving notice of opposition within two months and the further procedure for the disposal of the opposition shall be regulated by the provisions of sub-rules (3)
if the conversion of the specification is allowed, the proposal as allowed shall be advertised in the Journal, and all necessary entries shall be made in the Register. The date when such entries are made in the register shall be recorded therein. Any entry
made in the Register in pursuance of this sub-rule shall not affect the date Qf renewal of registration under section 35, which shall be determined in the same manner as above the allowance of the conversion.
73. Request for information.-A request for information relating
an application for registration or to a registered trade mark shall be made in the form as set out in Form TM-45.
74. Information available
before publication.-Before publication of an application for registration the Registrar shall make available for inspection by the public the application and any amendments made to it and any particulars contained in a notice given to the Registrar.
75. Inspection of documents.-(1) Subject to sub-rules(2) and (3), the Registrar shall permit all documents filed or kept at the Registry in relation to a registered mark or, where an application for the registration of a trade mark has been published, in relation to that application, to be inspected.
documents as is mentioned in sub-rule(l) until he has completed any procedure, or the stage in the procedure which is relevant to the document in question, which is required or permitted to carry out under the Ordinance or these rules.
Ca) any document or part of a document which in his opinion discharges any person in a way likely to damage him; or
make any document or part of a document available for public
as confidential. giving his reasons, the Registrar may directed that it or pan of it, as the case may be, be treated as confidential, and document shall not be open to public inspection while the matter is being determined by the Registrar.
direction that document shall not be open to public inspection except by leave of the Registrar.
(5) Where a direction is given under this r ule for a document to be treated as confidential a record of the fact shall be filed with the document.
77. Decision of Registrar to be taken after hearing.-(1) Without prejudice to any provisions of the Ordinance or these rules requiring the Registrar to hear any party to proceedings under the Ordinance or these rules, or to give such party an opportunity to be heard, the Registrar shalL before taking any decision on any matter under the Ordinance or these rules which is or may be adverse to any party to any proceedings before him, give that party an opportunity to be heard.
(2) The Registrar shall give that party at least ten days' notice of the time when he may be heard unless that
consents to shorter notice.
78. Evidence in proceedings before Registrar .-Evidence in any proceedings
before the Registrar shall be given by affidavit, provided that the Registrar may, if he thinks fit, take oral evidence in lieu of, or in addition to, such evidence by affidavit.
79. Registrar's power to require documents, information or evidence.-At any stage of any proceedings before the Registrar, he may direct that such documents, information or evidence as he may reasonable require shall be filed within such period as he may specify.
80. Extension of time.-(1) The time or periods
(a) speClfied by these rules, other than the times or periods specified by the rules referred to in sub-rule (3); or
address for service), rule 25 (deficiencies in application), sub-rule (1) of rule 30 (time for filing notice of
sub-rule(2) of rule 30 (time for filing counter statement), subrule (1) of rule 50 (delayed renewal), rule 52 (restoration of registration) and sub-rule (3) of rule 57 (direction with respect to
of assignment) and rule 62. (registration of assignment to a company under section 72).
(4) Subject to sub-rule (5). a request for extension of time under sub-rule (1) shall be made before the time or period in question has expired.
(5) Where the request for extension
is made after the time has expired, the Registrar may, at his discretion, extend the period or time if he is satisfied with the explanation for the delay in requesting the extension and it appears to him t hat any extension would not
any other person or party affected by it. .
(6) Where the period within which any party to any proceedings before the Registrar may file evidence under these rules is to begin upon the expiry of any period in which any other party may file evidence and that other party notifies the Registrar that he does not wish to file any, or any further evidence the Registrar may direct that the period within which the first mentioned party may file evidence shall begin on such date as may be specified in the direction and shall notify all parties to the dispute of that date.
8l. Correction of irregularities, calculation of times and periods.-(1) Any irregularity in procedure in or before the Registry or the Registrar may be rectified, subject to sub-rule (2), on such terms.as he may direct.
which consists of a failure to comply with any limitation as to times or periods specified in the ordinance, these ules or the old law as that law continues to apply and which has occurred or appears to the Registrar as likely to occur in the absence of a direction under this rule; and
(b) which is attributable wholly or in part to an error, default or omission on the part of the Registry or the Registrar and which it appears to him
.
should be rectified,
he may direct that the time or period in question shall be extended in such manner as he may specify.
(3) Sub-rule(2) shal1 be without prejudice to the Registrar ' s power to extend any time or periods under rule 80.
82. Costs in uncontested cases.-(1) Where any opposition duly instituted under these rules is not c ontested by the applicant, the Registrar in deciding whether costs should be awarded to the opponent shall consider whether the proceedings might have been avoided if reasonable notice had been given by the opponent to the applicant before the notice of opposition was filed,
anything in sub-rule( l) costs in respect of fees specified under entries 5, 6, 7, 8, 9 & 10 of the First Schedule and of all stamps used on and affixed to affidavits used in the proc eedings shall follow the event.
(2)
(3) Scale of costs: Subj ect to the provisions of sub-rules (1) and (2), in all proceedings before the Registrar the Registrar may, save as otherwise expressly provided by the Ordinance, award such costs, not exceeding the amount admissible therefor under the Sixth Schedule, as he considers reasonable having regard to all
circumstances of
the case.
83. Security for costs.-(l) The security for cost which the Registrar may require any person who is a party to any proceedings before him under the Ordinance or these rules to give in relation to those proce edings, may be fixed at any amount which he
may consider proper, and such amount may be further enhanced by him at any in the proceedings.
(2) In default of the security referred to in sub-rule( l) being given, the Registrar, in the case of the proceedings before him, may treat the party in default as having withdrawn his application, opposition, obj ection or as the case may be.
84. Supply of certified copies, etc. The Registrar shall supply a certified copy of extract, as requested in the form as set out in Form TM-46 of any entry in the Register or any document referred to in sub-section (1) of section 121 or of any decision or order of the Registrar. The purpose for which the certified copy of extract or document is required shall be stated in the form as set out in Form TM-46.
of colours.
85. Time for appeal.-An appeal to the High Court from any decision of the Registrar under the Ordinance or these rules shall be made within two months from the date of such decision or within such further time as the High Court may allow.
CHAPTER XV.-MISCELLANEOUS
86. Certificate of validity to be noted.-Where the court has certified as provided in section 112 with regard to the validity of a registered trade mark, the registered proprietor thereof may request the Registrar in the form as set out in Form TM47 to add to the entry in the Register a note that the certificate of validity has been granted in the course of proceedings, particulars of which shall be given in the request. An officially certified copy of the certificate shall be sent the request, and the
Registrar shall record a note to that effect in the Register and publish the note in the Journal.
87. Request to Registrar for search.-A person may in the form as set out in Form TM-55 request the Registrar to cause a search to be made in respect of specified goods or services classified in any one class of the Fourth Schedule to ascertain whether any mark in the Register or among pending applications for registration resembles a trade
thereof.
to distribute the Journal and any
document
which it may consider necessary, to such places as may be fixed by the Federal Government in consultation with the Provincial Governments and notified from time to time in the official Gazette.
.
oo .
PARTII
SPECIAL PROVISION FOR TEXTILE MARKS
CHAPTER I.-MISCELLANEOUS
Group 1: Items 1, 4,5, 8, 9, 10, 11, 12, 16, 19, 20, 22, 23, 24, 25,26, 27, 30, 33, 36, 37, 39, 41, 42, 44, 45, 48, 49, 54, 55, 59, 61, 62, 65 and 91. Group 2: Items 2, 3, 14, 17, 18, 34, 35 and 47. Group 3: Items 6, 7, 21, 38 and 52. Group 4: Items 13, 29, 75, 77 and 78 Group 5: Items 15, 28, 31, 40, 60, 66;79, 88, 90 and 93. Group 6: Items 32, 43, 64 and 94. Group 7: Items 46, 83 and 85. Group 8: Items 50, 51, 56, 57, 63, 76, 80, 84, 86, 87 and 89. Group 9: Items 53. Group 10: Items 58, 82 and 92. Group 11: Items 67, 68, 69,70 and 71.
12: Items 72. Group 13: Items 73.
Group 14:
Items 74. Group 15: Items 81.
98. Definitions.- For the purposes of this Chapter, unless there is anything repugnant in the subject or context,
99. Non-registrability of certain marks.-(1) Subject to sub-rule (2), in respect
of textile goods the following marks shall not be capable of registration, namely:
(a)
Any numeral of one digit or of more than six digits not being a balanced numeral;
provisions of
(1) if, before the date of application for regist ration. it has. in fact, acquired character as a result of the use made of it
10 0. Marks likely to deceive or to cause confusion.-(1) A trade mark consisting of numerals, letters, fractions, letter fractions, or any combination thereof, and not being a balanced numeral, shall not be capable of being regist ered as a textile mark if it does not differ from a trade mark registered in the name of a different person in respect of the same goods or description of goods as follows namely:
. (d) in the case of a combination of two letters, in at least one corresponding letter;
(e) in the case of combination of three or four lt�tters, in at least two corresponding letters;
(f)
(g)
(h)
(i)
U)
numeral digit;
CHAPTER IlL-ADVISORY COMMITTEE
101. Constitution of Advisory Committee.-(1) For the purposes of section 95, an Advisory Committee shall be constituted consisting of members appointed by the Federal Government on the recommendation of the Association specified in the Seventh Schedule.
purpose any of the said Association fails to make any recommendation or to make the full number of recommendations which it is entitled to make, the Federal Government may appoint the required number of members of the Advisory committee of its own motion without any such recommendation.
(3) The Federal Government may appoint other persons versed in the usge of the textile trade as members of the Committee.
102.
Tenure of office of members.-The tenure of office of each member of the Advisory Committee shall be two years, but a retiring member shall be eligible for reappointment at the end of his tenure:
Provided that a member may continue to hold office after the expiry of two years from his appointment until such time as he is re-appointed or another member is appointed in his place.
103. Substitution of members.-Whenever any member of the Advisory Lommittee ceases to reside in Pakistan, or becomes incapable of acting as a member of
the Advisory Committee. the Federal Government may appoint another person to be a member in his stead, in accordance with the provisions of rule 10 1.
104. Co-option of members.-Whenever it is considered expedient so to do, the Advisory Committee may co-opt one or more persons as its members for the purpose of any of its meetings:
Provided that any person co-opted as a member for the purpose of any meeting shall automatically cease to be a member after the termination of the said meeting.
105. Meetings of the Advisory Committee.-(1) The Advisory Committee shall elect two of its members as Chairman and Vice-Chairman respectively. When the Chairman or vice-Chairman ceases to hold office, the vacancy shall be filled by reelection at the next meeting of the Advisory Committee.
(2) The meetings of the Advisory Committee shall be convened by the Chairman at such time and. place as he thinks fit.
Provided that any question referred by circulation of papers, shall on request of at least ten members of the Advisory Committee, be placed on the agenda of its next meeting.
110. Further information.-Where for the purpose of giving advice sought by the Registrar, the Advisory Committee requires further information, the Secretary of the Adisorv Committee mav write to the Registrar and the required information shall be
-' .......
. ..1
given by the Registrar in \vriting.
Ill. Presiding at meetings.-The Chairman shall preside at every meeting at which he is present, if he is absent, the Vice-Chairman shaJl preside over the meeting. In the absence of the Chairman and the Vice-Chairman, the members present shall elect one of their member to preside over the meeting.
PART III
REGISTRA TION OF TRADE MARK AGENTS
114. Deflnitions.-For the purposes of this Chapter, unless there IS anything repugnant in the subject or context,
Pakistan, or any foreign unive rsity recognized by the Federal Government;
and
(c) "Registered Agent" means a trade mark agent whose name is actually on the Register of trade mark agents kept under rule 115.
Provided
for a period of one year from the date of retirement or termination of service:
no such person shall, be entitled to
Provided further that no such person shall be entitled to registration if he has been dismissed or removed from service.
117. Persons ,debarred from registration.-A person shall not be eligible for registration as a trade mark agent if he
(iii) being a discharged insolvent has not obtained from the court a certificate to the effect that his insolvency was caused by misfortune without any misconduct on his part;
(2) The applicant shall furnish such further information bearing on his application as may be required of him at any time by the Registrar.
120. Procedure on application.-On receipt of an application for the of a person as a trade mark agent, the Registrar shall grant him an opportunity
a written and oral examination that shall be conducted once in a year at the Trade Marks Registry or at an educational institution duly approved by the
passed the written and oral examination, qualifies requirements specified in rule 116 and does not offend any requirements specified in rule 117, the Registrar shall send an intimation to that effect to the applicant, and any person so intimated may pay the prescribed fees for his registration as a trade mark agent. On receipt of the prescribed
fees, the Registrar shall cause the applicants name to be entered in the Register of trade
'
mark agents. and shall issue to him a certificate in the form as set out in From 0-4 in recognition of his registration as a trade mark agent.
122. Continuance of a name in Register of trade mark agents.-Subj ec t to the
provisions of rule 117, the continuance of a persons name in the Register of trade mark
'
agents shall be subject to his payment of
fee prescribed in
behalf.
123. Removal of agent's name from Register of trade mark agents.-(1) The Registrar may remove permanently or temporarily from the Register of trade mark agents the name of any Registered Agent
(i) , (ii), (iii) and (iv) of rule 117 ; or
(d) whom the Federal Government has declared not to be a fit and proper person to remain on the Register by reason of any act of negligence,
Provided that before making such declaration, the Federal Government shall call upon the person concerned to show cause why his registration should not be cancelled and shall make such further inquiry, if any, as it may consider necessary.
124. Restoration of removed names.-(1) The Registrar or the Federal
TNlA-2 from a person whose name has been temporarily removed under sub-rule (1) of
.
rule 122, restore his name to the Register of trade mark agents.
(2) The restoration of a name to the Register of trade mark agents shall be notified in the official Gazette and in the Journal, and shall whenever possible be communicated to the person concerned.
125. Alteration in the Register of trade mark agents.-(1) A Registered Agent may apply in the form as set out in Form TMA-3 for alteration of his name, address, business address or qualifications entered in the Register of trade mark agents. On receipt
necessary alteration to be made in the Register of trade mark agents.
(2) Every alteration made in the Register of trade mark agents shall be notified in the official Gazette and in the Journal.
126. Publication of the Register of trade mark agents.-The
of trade mark agents shall be published from time to time, as the Registrar may deem fit, the entries being arranged in the alphabetical order of the surnames of the Registered Agents and copies thereof shall be placed for sale.
127. Registration of existing trade mark agents.- (1) Notwithstanding anything
'
in rule 116. every person whose name is, on notified date, on the of trade mark
agent maintained under the Revised Trade Marks Rules,
registered as a trade mark agent under the Ordinance and the rules.
rule (1) shall be payable as and from the notified date.
(3) Legal practitioners shall not be required to be on the Regist er of trade mark agents to act as Agents.
PART IV
128. Establishment and administration of Branch Registry.-(l) The Federal Government may establish a Branch at any place in the territory to which the Ordinance extends.
(2) Each Branch Registry shall be in charge of a Deputy Registrar of Trade Marks or any other officer to whom any particular functions of a Registrar have been delegated by the Registrar, and shall act under the control and superintendence of the Registrar.
Provided that in the event of the Registrar having to deal with more than one application for the registration of
PART V
RETURN OF EXHIBITS AND DESTRUCTION OF RECORD
132. Return of exhibits.-(1) Where the exhibits produced in any matter or proceeding under the Ordinance or the rules are no longer required in the Trade Marks
the Registrar may call upon the party concerned to take back the exhibits within a time specified by him and if the party fails to do so, such exhibits shall be destroyed.
(2) Where, before the notified date any exhibits have been produced in any proceedings, the Registrar may, if satisfied that it is no longer necessary to retain them cause them to be destroyed after the expiration of six months from the notified
133. Destruction of records.-Where an application for the registration of a trade mark has been withdrawn or abandoned a trade mark has been removed from the Register or in an opposition or proceeding the matter has been concluded and no appeal is pending before the High Court or the Supreme Court, the Registrar may, at the expiration of three years after the trade mark is removed from the Register or the opposition or rectification proceeding is closed, as .the case may be,
destroy all or any of the records relating to the application, opposition or rectification or the trade mark concerned.
PART VI
MISCELLANEOUS
134. Form for conversion of pending application.-(1) A notice to the Registrar under paragraph 11 of the Fourth Schedule to the Ordinance, claiming to have the registrability of the mark determined in accordance with the provisions of the Ordinance, shall be in the form as set out in Form TM-44.
(2) Where an application for registration of trade mark made under the old law is
advertised on or after these rules comes into force, the period within which notice of
opposition may be filed shall be governed under these rules and not under rules hereby repealed.
135. . Repeal and Savings.-(1) The Revised Trade Marks Rules, 1 963, are hereby repealed.
IPlNI l/P AKJIJ2 Page 35
THE FIRST SCHEDULE
[See rule 4]
FEES
Serial Amount Corresponding Number. . (Rs.) Forrn No .
(1) (2) (4)
| 1. | On application not otherwise charged to register a trade mark for a' specification of goods or services included in one class (section 22). | 1000/ | TM-l |
| 2. | On application to register a trade mark for a specification of goods or services included m one class from a convention country under section 25. | 1000/ | TM-2 |
| 3. | On application under section 82, read with the First Schedule to the to register a collective mark for a specification of goods or services included in one class. | 1000/ | TM-3 |
| 4. | On application under section 83 read with the Second Schedule to the Ordinance, to register a certification trade mark for a specification of goods or services included in one class. | 1000/ | TM-4 |
| 5. | On notice of opposition application opposed. | under | section | 28(2), | for | each | 3000/ | TM-5 |
| 6. | On a counter-statement in answer to a notice of opposition under section 28(4) for each application opposed, or in answer to an application under any of sections 73, 80 and 96 in respect of each trade mark; or in answer to a notice of opposition under section 37 or 97, for each application or conversion opposed. | 500/ | TM-6 | |||||
TM-9 under the First Schedule (section 82) and the Second Schedule (section 83) for Registration of collective mark or certification trade mark.
IS. On request for restoration under section 3S(6) of a trade mark removed from the register. On application under section 32(4) to divide pending trade mark application.
For every additional mark proposed to be assigned.
On application under paragraph 12 of the Second Schedule to the Ordinance for consent of the Rgistrar to the assignment or transmission of a certification trade mark.
24. On application under section 70(2)(a) to register a
SOOO/
300/
1000/
300/
SOO/
200/
300/
100/
300/
100/
200/
100/
200/400/-. 600/
200/
2000/2S00/
TM-12
TM-12
TM-13
TM-14
TM-lS
TM-16
TM-17
TM-19
TM-20
TM-2 1
TM-22
TM-23
subsequent proprietor in a case of transmission of a single trade mark-If made within six months from the proprietorship. If made after expiration of six months acquisition of proprietorship-
assignment or of acquisition of from the date of
Page 37
.
the Register.
the entry of a registered licensee For first mark.
For every additional mark.
under section 70(4)(b) and rule 65(1) for cancellation of the entry of a registered licensee For the first mark. For every additional mark of the same proprietor for which the same registered licensee is registered, included in the application
31. On
2000/500/
2500/500/
200/
400/
600/
750/
500/
1000/250/
500/250/
500/100/
SOD/lOO/
250/
500/100/TM-24
TM-2S
TM-26
TM-27
TM-28
TM-29
TM-30
TM-3 1
TM-32
TM-33
On application under sectlOn 96(4) to alter one or more TM-34
entries of the trade or business address of a registered
proprietor or a registered licensee of a trade mark where
the address in each case is the same and is altered in the
same way For the first entry. 200/
Claim to have the registerability of the mark applied for 200/-TM-44 before commencement of the Ordinance, determined in accordance with the provisions of the Ordinance (convension of application) para-graph 11 of the Fourth Schedule to the Ordinance.
For each additional
specification.
and paragraph 11 of the Second Schedule Ordinance, and rules 40 and 46 for alteration deposited regulations of a collective . mark certification trade mark For the regulations of one registration. For the same or substantially same
regulations
additional registration proposed to be altered in the same way and included in the same application.
44. On application under paragraph 14 of the First Schedule and paragraph 16 of the Second Schedule to the Ordinance, to expunge or vary the registration of a collective or a certification trade mark or to vary the deposited regulations of a collective mark or certification trade mark of the same registered proprietor where the regulations are substantially the same.
to the of the or a
of each
200/
200/
200/
woo/
lOO/
SOO/
IS0/
SOO/
150/
300/
SO/
600/
TM-35
TM-36
TM-37
TM-38
TM-39
TM-40
TM-41
TM-42
TM-43
Page 39
| -1-6. | Request for information about marks. (section 109). | and registered | 500/ | TM-45 |
| -1-7. | On request for of the Registrar under any of sections 11 and 121 (2) other than certificate under section 33(1). | 500/ | TM-46 | |
| 48 . 49. | On request to enter in the Register and advertise a certifi cate of validity, under rule 112 and rule 86. For the first registration certified. For every additional On application by registered proprietor or a registered licensee of a trade mark or a person about to be so registered, to enter. alter or substitute an address for service as part of his registration. (section 126 rules 9 and 70) . For the first entry. For every additional entry. | 300/50/100/50/ | TM-47 TM-SO | |
| 50. | On application under section 82 and the First Schedule to the Ordinance to register a collective mark for a specification of goods or services in any one class from a convention country under section 25. | WOO/ | TM-S l | |
51. On application under section 83 and the Second Schedule WOO/-TM-S2 to the Ordinance, to register a certification trade mark for
country under section 25.
52. On application to register a textile mark, other than a WOO/-TM-S3 collective mark or a certification trade mark, consisting of numerals or letters or any combination thereof in one class for specification of goods or services included in one item of the Fifth Schedule of the Ordinance and under rule 91.
On application to register a textile
(other than WOO/-TM-54 collective or a certification mark), consisting exclusively of numeral or letters or any combination thereof in one class for specification of goods or services included in one item on the Fifth Schedule to the Ordinance under rule 12 from convention country under section 25.
54. On request for search under rule 87 In respect of each SOO/-TM-5S class.
On application for extension of time under any of the rule SOO/-TM-S6
80.
opposition .
or decision in connection with any opp osition or application rectification of the
Register relating to any particular trade mark, or such other document as may be specified by the Federal Government by notification from time to time in the Journal. for every quarter of an hour or part thereof.
SOO/-TM-S7
500/
100/
59.
62.
63 .
64.
(a)
(b)
65 .
66.
For permission to search amongst the classified
representations of trade marks, for each quarter of an
hour.
For oftice copy of documents.
For photographic copy of documents .
On application for registration as a trade mark agent under rule 119.
For registration of a person as a trade mark agent under rule 121. For continuance of the name of a person in the Register under rule 122,
for the whole life of the registered agent, by a single consolidated payment; or
from year to year,
in the case of person registered at any time between the 1st January and 30ti1 June following.
N.B. -A year for the purposes of this clause will commence on the 1st day of July and end on the 30 day of June following On application for restoration of the name of a person to the Register of trade mark agents under rule 124.
On application for an alteration of any entry in the Register of trade mark agents under rule 125.
lOO/
20/
For every
words subject to
minimu m Rs.I OO/
Cost according
to agreement
1000/
2000/
15000/
500/
300/
200/
500/
200/TMA-1
Form 0-4
TMA-2
TMA-3
Form No.
(2)
TM-l. 22
TM-2 25
TM-3 82; the First
Schedule to the Ordinance.
TM-4 83; the
Second . Schedule to the Ordinance.
TM-5 28
TM-6 28,37,73,809 6 & 97(5); rules 30(2) and 72(1).
TM-7 28,37,73,809 6,97; rule 72(1).
TM-8
82; the First
Schedule-to
the
Ordinance;
and
83; Second
Schedule to
the
Ordinance.
TM-9 -do-
THE SECOND SCHEDULE
[See rule 3]
LIST OF FORMS
Title.
(3)
Application for registration of trade mark for a specification of goods or services and to register a domain name.
Application for registration of trade mark for specification of goods or services from a convention country and for protection of trade mark during exhibition.
Application for registration of collective mark for a specification of goods or services.
Application for registration of certification trade mark.
Notice of opposition to application for registration of a trade mark for a specification of goods or services.
Form of counter-statement.
Notice of intention to attend hearings.
Notice of opposition to an application for registration of a collective mark or certification trade mark.
Form of counter-statement in reply to notice of opposition to an application for Registration of a collective
mark or. a certification trade mark.
9
IPIN/ lIP AKJII2 Page 41
Serial number of the First Schedule.
(4)
2
3
4
5
6
7
8
TM-lO
TM-ll
TM-ll
TM-13
TM-14
TM-15
TM-16
TM-17
TM-18
TM-19
TM-20
Notice of intention to attend hearing of an 10 opposition to an application for registration of a collective mark or a certification trade mark.
Fee for registration of trade mark for a 11 specification bf goods or services including collective mark, certification trade mark and textile marks.
For each addition to the registered entry of a 12 trade mark of a note that the mark is associated with a newly registered mark.
Renewal of registration . of trade mark for a 13 specification of goods or services including collective marks, certification trade mark and textile marks.
Additional fee under rule 52(1) for late 14 payment of renewal.
Restoration trade mark removed from 15 Register for non-payment of renewal fee. Application to register divisional application. 16
Request for statement of grounds of decision. 17
Request for correction of clerical error, or for 18 permission to amend application.
Application for the approval of the Registrar 19 with regard to a proposed assignment or a transmission of a registered trade mark resulting m exclusive rights in different persons in relation to some goods or services for which trade mark is registered.
Affidavit in support of Statement of case.
Application for the Approval by the Registrar 20 of a proposed assignment, or of a transmission of a trade mark resulting m exclusive rights m different persons for different parts of Pakistan.
Application for directions for the 21 advertisement of an assignment of trade marks otherwise than in connection with the goodwill of the business.
rules 39 and
44.
33(2) ; rule
48
35
rule 52(1)
35(6);
32 27(6) 27(7)
69(3)(a)
69(3)(b) and rule 61
69(3)(b)
69(2); rule 58
TM-2 1 Rule 55(3) Application for extension of time in which to apply for the Registrar's directions for the advertisement of an assignment of trade mark otherwise
than in connection with the goodwill of the business.
TM-22
TM-23
TM-24
TM-25
TM-26
TM-27
TM-28
TM-29
TM-30
TM-3 1
TM-32 Paragraph 12 of the Second Schedule to the Ordinance; rule 46(2)
69(2) and 70(2)(a)
-do
72(4)
73, 80 or 96
rule 66
70(2)(b)
70( 4)(a) ; rule 64
70(4)(b);
rule 65(1)
70(4)(b)
rule 66
Application for consent of the Registrar to the
23 assignment or transmission of a Certification Trade Mark.
Joint request by registered proprietor
and 24 transferee to register the transferee as subsequent proprietor of trade mark upon the same devolution of title.
Request to register a subsequent proprietor of 25 a trade mark or trade marks upon the same devolution of title.
Application extension of time for the
26 registration of the name of a company as
. subsequent proprietor of a trade mark in the
Register.
Application for the rectification of the 27 Register or the removal of a trade mark from the Register.
Application for leave to intervene in 28 proceedings relating to the rectification of the Register or the removal of a trade mark from the Register.
Application for registration of registered 29 licensee.
Application by the registered proprietor of a 30 trade mark for variation of the registration of a registered licensees thereof with regard to the goods or the conditions or restrictions.
Application by the registered proprietor of a 31 trade mark or by any of the registered licensees of the trade mark for the cancellation of entry of a registered user thereof.
Application for cancellation of entry of a 32 registered licensee of a trade mark.
Notice of intention to intervene
33 proceedings for the variation · or cancellation of an entry of a registered licensee of a trade mark.
TM-33
Request to enter change of name or
34 description of proprietor (or registered licensee) of trade mark upon the Register.
TM-34 96(4) Request for alteration of trade or business
35
address in the Register.
TM-35 38; Application by registered proprietor of trade
rule 55(l)(a) mark for the cancellation of entry thereof in the Register.
TM-36 38; Application by registered proprietor of trade rule 55(1)(b) mark to strike out goods from those for which the trade mark is registered.
| TM-37 | rules 34(f) | Request by registered proprietor of | a | trade | 38 | |||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| and 34(g) | mark | that | a | disclaimer | or | memorandum | ||||||
| relating thereto may be registered. | ||||||||||||
| TM-38 | 37; | Application by registered proprietor | for | an | 39 | |||||||
| rule 54 | addition to or alteration of a Registered trade | |||||||||||
| mark. | ||||||||||||
TM-39 37; Notice of OppOSItIOn to application for 40 rule 54(3) addition to or alteration of a registered trade mark.
Application by the proprietor of a registered 41 rule 71 trade mark for the conversion of
TM-40 97;
the specification. TM-41 97(5) Notice of opposition to proposal for 42 conversion of specification.
TM-42 Paragraph 10 Request for the alteration of the deposited 43 of the First regulations for use of a collective mark or a Schedule certification trade mark. and paragraph 11
Ordinance;
rules 40 and
46.
TM-43 Paragraph 14 Application for an order expunging or varying of 1st an entry in the Register relating to a collective Schedule mark or a certification trade mark or v arying
and the deposited regulations.
Schedule to
the
Ordinance;
rule 41 and
45.
TM-44 Paragraph 11 Claim to have the registerability of the mark 45 of the Fourth applied for before commencement of the Schedule to Ordinance determined in accordance
the the provision of the Ordinance (convention of Ordinance. application) para-graph 11 of the Fourth
Schedule
the Ordinance.
TYI-45 109 Request for information about applications 46 and registered marks.
TM-46
TM-47
TM-48
TM-49
TM-50
TM-5 1
TM-52
11 and
121(2)
112; rule 86
127
Paragraph(5) of the First Schedule and Paragraph(6) of Second Schedule to the Ordinance; rules 39(1) and 43(1)
126; rules 9 and 70
TM-53 rule 96
TM-54 rule 12
TM-55 rule 87 Request for certificate by the Registrar.
47
Request for entry in the
48 advertisement of a note of certificate of of the Court.
Form of authorization of agent in a matter or
Regulations for governing the . use of a collective mark or a Certification Trade Mark).
| Form of request by a registered proprietor or a registered licensee of a trade mark or a person about to be so registered, to enter, alter or substitute an address for service as part of his registration. | 49. |
| Application for registration of collective mark for a specification of goods or services from a convention country. | 50 |
Application for .registration of a certification 51 ·trade mark for specification of goods or
services from a convention country.
82 and the
First
Schedule;
section 25;
rule 15
. and39(l)
83 and the
Second
Schedule to
the
Ordinance;
section 25;
rule 15 and
Application
for registration of trade marks 52 consisting exclusively of letters or numerals or any combination thereof relating solely to textile goods
specification of goods included in any of the items specified in the Fifth Schedule to the Ordinance.
Application for registration of a trade mark
53
consisting exclusively of letters or numerals or any combination thereof relating solely to textile goods for specification of goods included in any of the items of the Fifth Schedule to the Ordinance, and under rule 12 from a convention country under section 25. Request for search under rule 87.
54
TM-56
TM-57
123 and rule
80
33(5) and rules 25(b), 27(2) and 27(3)
| Application for extension of time. | 55 | |||
|---|---|---|---|---|
| Application for restoration of | a | trade | mark | 56 |
| abandoned for non-compliance. | ||||
IPINIl/P AK/I12 Page 47
FORM TM-1
(To be accompanied by a duplicate of this Form and by six additional representations affixed
,
.
Signature U)
Ca) Insert the serial number of the class as indicated in Schedule IV to the Trade Marks Rules 2004.
Name of signatory in block letters.
The Registrar of Trade Marks, Trade Marks Registry,
Karachi.
Page 48
(i) State the colour(s) claimed.
U) State address for service in Pakistan.
(k) Signature of the applicant. If the mark is owned by an individual, he must sign
it, if owned by a partnership firm, by the Managing Partner,
company, by the Managing Director or Director.
Notes (1) The prescribed fee should be paid alongwith this application either through a -cheque drawn in favour of or through a money order address to the Registrar of Trade Marks.
FORM TM-2
Application for registration of a trade mark for goods or services (other than a collective or a certification trade mark) in the register from a
country under section 25, 22 and rule 15 and for registration to provide temporary protector during exhibition under section 26
(To be filled in triplicate accompanied by six additional representations of the trade mark)
If the application is for temporary protection during exhibition, state the period
IIWe request that the trade mark may be registered with priority date based on the above mentioned first application in a convention
under the provisions of section 25 of the Ordinance. Address for service in Pakistan. Dated this day of 200 _
Signature:
Page 50
a) The Registrar's direction may be obtained if the class of the goods or services is not known. The duly signed additional representation submitted by the applicant or his agent should bear the mark, the name, address of the applicant, the description of goods or services, class, the period of the use of the trade mark, the trade description and address for service in Pakistan
b) Specify the goods or services for the class in respect of which application is made. A separate sheet detailing the goods or services may be used.
c) Insert legibly the full name, description (occupation and calling and nationality of the applicant). In the case of a body corporate or firm the country of incorporation or the names and descriptions of the partners composing the firm and the nature of registration, if any, as the case may be, should be stated. See rule 8(1).
d) Insert trading style, if any.
e) Insert the full trade or business address of the applicant.
f) Strike out the words if not applicable. If user is claimed the commencement of use should be stated at (f) .
g) State the numbers of mark in series.
h)
i) Stat the period of protection during exhibition and attach certificate as required under section 26(2)
Name of signatory
FORM TM-4
Application for registration of a certification trade mark for goods or services
Under section 83, second Schedule, rule 43(1)
(To be filed in triplicate and accompanied by Six representation of the certification trade
which registration of the said certification trade mark is ought.
Dated this
To,
FOR:.vr TM-5
Fee: See entry No.S of the First Schedule
Notice of to Application for Registration of a trade mark Under section 28, rule 30(1) LN THE MATTER OF Application No, by
I (or we) (a) hereby give notice of my (or our) intention to oppose the Registration of the trade mark advertised under the above number for Class in the trade mark journal dated the
day of __ 200_ No.
The grounds of opposition are as follows:
My (our) address for service in Pakistan in connection with these proceeding is:
(b)
Dated this day of 200_
(b) Insert address for service in Pakistan.
(c) Signature of opponent.
FORtyI TM-6
Fee: See entry No.6 of the First Schedule
| Form of Counter-statement. (Section 28,37,73,80,96, 97(5) rule 30(2) & 72)(1) (To be filed in duplicate) | |||||
|---|---|---|---|---|---|
| IN No. | . THE | MATTER OF an Opposition No. for the registration of a trade mark. | to Application | ||
| I | (or | we) | (a) | the ap·plicant(s) | for |
registration of the above trade mark, hereby give notice that the following are the grounds on which I (or we) rely for my (or our) application:
I (or we) admit the following allegations in the Notice of Opposition-
My (or we) address for service in Pakistan in connection with these proceedings is (b) :_
Dated this day of 200_
Name-of signatory in block letters
To, The Registrar of Trade Marks, Trade Marks Registry, Karachi.
FORM TM-7
IP/N/ IIPAKlV2
Page 56
FORM TM-8
Fee: See entry No.8
Of the First Schedule
Notice of Opposition to an ApplicatioI]. for registration of a collective trade mark/certification trade mark (Paragraph 8 of the First Schedule and Paragr aph 9 of the Second Schedule)
IN THE MATTER OF an Application No. for registration of a collective or certification trade mark by
I (or we) (a) hereby give notice of my (or our) intention to oppose the Registration of the collective or certification trade mark advertised under the above number for class in the Trade Mark Journal of the
day of __ 200_ No. page
The grounds of Opposition are as follows (b) :
The facts and matters set forth in the enclosed statement of case are true to the best of my (our) knowledge, information and belief.
My (or our) address 'for service in Pakistan in connection with these proceeding
Dated this day of 200_.
Name of signatory in block letters
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
Ca) State full name and address.
Page 57
FORM TM-9
Form of Counter-statement in reply to Notice of Opposition to an Application for
registration of a collective/certification trade mark
(Sections 82 & 83, first Schedule & Second Schedule,
rule 40 and 44)
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) Insert name and address of the applicant. Cb) Signature of the applicant.
Notice of attendance at hearing.
Trade Marks Registry,
Page 59
FORM TM-ll
FORM TM-12
*Renewal of Registration of a trade mark Section 35, rules 51 and 52
The notice of renewal of the registration may be sent to the following address:
(b) An additional fee as required in rule 49(1) is also transmitted.
Dated this day of 200_
To,
The Registrar of Trade Marks,
Trade Marks Registry,
l[Note.-Renewal fee shall be deposited by the registered proprietor within six months of the date of publication of the advertisement regarding non-payment of renewal fee in the lournal].
Page 61
I[Note.-Application for the restoration of the mark shall be moved within six months
FORM TM-14
Page 63
FORM TM-15
Request for Statement of Grounds of Decision.
IN THE MATTER OF (al the Registrar is hereby requested to state in writing the grounds of his decision. Dated this day of
day of
day of
To,
The Registrar of Trade Marks,
Trade Marks Registry,
FORM TM-16
Fee: See entry No.IS
of the First Schedule
Request for Correction of Clerical Error, or
To, The Registrar of Trade Marks, Trade Marks Registry,
Karachi.
FORM TM-17
Application for the approval of the Registrar with reference to a proposed Assignment of a
(To be accompanied by a statement of case in duplicate and a copy of the proposed
IN THE MATTER OF Trade Mark(s) No.(s) Registered in the name of in class(es) __ .
FORiVI TM-18
Affidavit (only to be furnished when required by Registrar)
In support of Statement of case filed under rule 61 of accompanying a request
I (a) of do hereby solemnly and sincerely declare that the particulars set out in the statement of case exhibit marked
and left by me in connection with (b) in respect of the Trade Mark No. in class are true and comprise every material fact and document affecting the present proprietorship of the Trade Mark, to the best of my knowledge, information and belief.
Declared at
Dated this day of 200_
Before me (d)
in Circumstances that are stated fully in the accompanying Statement of Case.
Name of signatory in block letters
The Registrar of Trade Marks, Trade Marks Registry, Karachi.
*Strike out either paragraph (1) or paragraph (2).
| (a) | To be struck out in the case of umegistered trade marks. | ||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| (b) | Insert the name and trade or business address of the proprietor. | ||||||||||||||||||||||||
| ( c) | Strike out either if not applicable. | ||||||||||||||||||||||||
| (d) | Insert the name(s) and tra<,i.e or business addressees) of the proposed assignee(s). | ||||||||||||||||||||||||
| (e) | Insert the name(s) of the place(s) in Pakistan. | ||||||||||||||||||||||||
| (f) | Strike out the bracketed passage if not required. | ||||||||||||||||||||||||
| (g) | Insert | the | name | and | trade | or | business | address | of | the | person | who | claims | a | |||||||||||
| transmission to | him. | ||||||||||||||||||||||||
| (h) | Insert | the | date | of | the | transmission, | which | must | not | precede | the | date | of | ||||||||||||
FORM TM-20
Fee: See entry No.21 of the First Schedule
Application for Directions for the Advertisement of an assignment of Trade Marks
otherwise than in connection with the goodwill of the business.
[Section 69(2); rule 58(1)]
(To be filed in duplicate)
Application is hereby made by (a) for the Registrar's Directions with respect to the advertisement of an assignment of the following Trade Marks otherwise than in connection with the goodwill of the business in which they were used at the time of assignment, namely:
-
*(1) Registered Trade Marks: Registration Number Class __ Goods in respect of which the Mark has been used and is assigned. all of which are or were registered in the name of (b) __ who is the assignor:
*(2) Umegistered Trade Marks (c) , all being Marks used in his business at the time of the assignment in respect of the goods stated below, by (b) of who is the
assignor: Representation of Mark __ Goods in respect of which the Mark has been used and is assigned.
*Additional marks and registration numbers which cannot be accommodated may be
0 given in a signed schedule on the back of the Form.
_
The date of assignment was the day of 200_. The instrument effecting the assignment is sent herewith,-.together with a copy thereof. It is suggested that advertisement shall be directed as follows, namely in
Dated this day of 200_0
Name of signatory in block letters
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi .
Page 69
Application for Extension of time in which to apply for the Registrar's Directions for the Advertisement of an assignment of Trade Marks otherwise than in connection with the goodwill of the business.
than in
__ of
*Representation of Mark __ Goods in respect of
which the Mark has been
used and is assigned.
Trade Marks Registry,
Karachi.
FORM TM-22
Application for the consent of the Registrar to the assignment or transmission of a
certification Trade Mark.
[Paragraph 12 of 2nd Schedule, rule 46(2)]
(To be filed in duplicate and each copy to be accompanied by either a draft deed of assignment or an affidavit).
Page 71
FORM TM-23
Fee: See entry No24
of the First Schedule
Joint request by Registered Proprietor and Transferee to register the Transferee as
Subsequent Proprietor of Trade Marks upon the same devolution of title.
[Sections 69 and 70(2)(a)]
(a) (b)
I/(we) and
hereby request, under rule _, that the name of
on business as (d) at (e) may be entered in the Register of Trade Marks as proprietor of the Trade Mark(s) No. * ID class as from the (I) by virtue of (g)
of which the original and an attested copy are enclosed herewith.
(h) The trade mark at the time of the assignment was (h) (not) used in a business in the goods in question, and the assignment (took) (h) (did not take) place otherwise than in connection with the good-will of a business in the goods (h) and there is sent herewith a copy of the Registrar's direction to advertise the assignment, a copy of each of the advertisements complying therewith, and a statement of the dates of issue of any publications containing them.
We declare that the facts and matters stated herein are true to the best of our knowledge, information and belief.
Dated this day of 20o_.
Name of signatory in block letters SignatureUl Name of signatory in block etters
To, The Registrar of Trade Marks, Trade Marks Registry, Karachi.
Request to Register a Subsequent Proprietor of Trade Marks upon the same devolution of
in connection with the goodwill of a business in the goods, (d) and there is sent herewith a copy of the Registrar's direction to advertise the assignment, a copy of each of the advertisements complying therewith, and a statement of the dates of issue of any publications containing them.
I (or we) declared that the facts and matters stated herein are true to the best of my (or our) knowledge, information and belief.
Trade Marks Registry,
(d) Signature of the person making the request.
* Additional numbers may be given in a signed schedule on the back of the Form.
Note-A request for the entry of an address for service of the registered proprietor may be made on Form TM-50 and if it accompanies this Form no fee is payable on Form TM-50.
FORl';! TM-25
Fee: See entry No.26
of the First Schedule
Application under rule 62 for extension of time, in accordance with section 72(4) for the registration of the name of a Company as subsequent proprietor of a trade mark in the Register.
(Rule 62)
Application is hereby made by Ca) . for an extension 'of time by
(b)
months of the period of six months allowed by section 72(4) and rule 62for registering the name of (c) by virtue of an single assignment, as proprietor of the following Trade Mark(s) registered upon application(s) conforming to sub-section (1) of section 72.
(d) Registration Number Class
Dated this day of 20o_.
Name of signatory in block letters
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) Insert name and address of the applicant.
FORM TM-26
Fee: See entry No.27
of the First Schedule
Application for the Rectification of the Register or the Removal of a Trade Mark from the Register. rule 68 and sections 73, 80 and 96.
[To be filed in duplicate and to be accompanied by a statement of case in duplicate (Vide rule __)]
IN THE MATTER OF the Trade Mark Registered ID the name of
I (or We) (a) hereby apply that the entry in the Register in respect of the above-mentioned Trade Mark may be removed (b) rectified in the following manner
The grounds of my (our) application are as follows:
. No action concerning the Trade Mark in question is pending in any court. My (our) address for service in Pakistan in connection with these proceedings is
Dated this day of 200
_
Name of signatory in block letters
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
Application for Registration of Registered Licensee. Sections 70(2)(b) 75 and 76, rule 63 [To be accompanied by a statement of case setting forth particulars and statements
may be registered as a registered licensee of the above-numbered registered trade mark(s) in respect of (f) subject to the following conditions and restrictions :-(g) (h). (The proposed permitted use is to end on the day of
200 ). (h) (The proposed permitted use is without limit of period) .
Dated this day of 200_
Signature (i)
Name of signatory in block letters
Name of signatory in block letters
To, The Registrar of Trade Marks, Trade Marks Registry, Karachi.
*Additional numbers may be given in a signed schedule on the back of the Form.
(a) Insert full name, trade or business address and description of the registered proprietor( s).
(b) Here insert the specification as in the register.
FORM TM-29
Application by the Registered Proprietor of a Trade Mark for variation of the registration
of a Registered Licensee thereof with regard to the goods or the conditions or restrictions.
Section 70( 4)(a), rule 64
[To be accompanied by a statement of the Grounds for the application and the written
consent (if given) of the
Registered Licensee.]
Application is hereby made by (a)
| the | proprietor | of | trade | mark(s) | No.* | Registered | in | Class | |
|---|---|---|---|---|---|---|---|---|---|
| in respect of (b) | that the | ||||||||
| registration of (c) | as a registered licensee of the above- | ||||||||
| numbered | trade mark(s) in respect of (d) | may be varied in the | |||||||
| following manner:-(e) | |||||||||
Dated this day of. 20o_.
Name of signatory in block letters
To, The Registrar of Trade Marks, Trade Marks Registry, Karachi.
*Additional numbers may be given in a signed schedule on the back of the Form.
FORM TM-30
To, The Registrar of Trade Marks, Trade Marks Registry, Karachi.
the applicants.
.
. licensee whose entry is sought to be cancelled.
Page 79
70( 4)(b )(ii),
rule 65
(To be accompanied by a statement of
the grounds for the application)
IN THE MATTER OF Trade Mark(s) No.(s) *registered in
in the name of (a) * Application is hereby made by(b) For the cancellation of the entry under the above-mentioned registration(s) of
As the registered licensee thereof in respect of (d)
Name of signatory in block letters
The Registrar of Trade Marks, Trade Marks Registry, Karachi.
The grounds of this application, particulars of which are given in detail in the
*Additional numbers may be given in a signed schedule on the back of the Form.
FORM TM-32
Notice of intention to intervene in proceedings for the variation or cancellation of an entry of a Registered Licensee of a Trade Mark. (rule 66).
(To be accompanied by a statement of
To,
(c) Insert the
name, address and nationality of person giving notice.
(d) Signature of the Person giving notice.
Page 81
the said Trade Mark
I am (We are) entitled to (b)
use the said Trade Mark as
Registered Licensee(s)
Trade Marks Registry,
being the
Trade or business address in the Register of Trade Marks be altered to
The Registrar of Trade Marks,
Trade Marks Registry,
FORM TM-36
Fee: See entry No.37
of the First Schedule
Application by Registered Proprietor of Trade Mark to strike out Goods from those for which the Trade Mark is registered. Section 38, rule 55CI)Cb)
IN THE OF Trade Mark No. registered in class
Name of Registered Proprieor
Trade or business address,
Application is hereby made by the aforesaid registered proprietor for the striking out of Ca) from the goods for which the Trade Mark No. is registered in
Dated this day of 200_ .
Signature (b)
Name of signatory in block letters
To,
The Registrar of Trade Marks,
Trade Marks Regis!ry,
Ca) Designate the goods to be struck out Cb) Signature of applicant
FORtvI TM-37
Request by Registered Proprietor of Trade Mark that a Disclaimer or Memorandum relating thereto may be registered may be registered. [Section 10, rule 34(f) and 34(g)]
IN THE MATTER OF Trade Mark No. registered in class _
Application is hereby made by
being the registered proprietor of the trade mark numbered as above, for the addition to the entry in the Register in connection with the said Trade Mark registered in the Class aforesaid of the
The Registrar of Trade Marks, Trade Marks Registry, Karachi.
Cb) Signature of Registered Proprietor.
FORM TM-38
Application by Registered Proprietor under section 37 for an addition to or alteration of a
proprietor(s) of the registered trade mark numbered as above, for leave to add to or alter the said Trade Mark in the following particulars that is to say (b)
Six copies of the mark as it will appear when so altered are filed herewith.
Dated this day of 200_ .
Signature (c)
Name of signatory in block letters
To, The Registrar of Trade Marks, Trade Marks Registry, Karachi.
Ca) Insert the name, trade or business address and description of the registered proprietor. Cb)
Cc)
FORM TM-40
Fee: See entry No.41 of the First Schedule
Application by the proprietor of a Registered Trade Mark for the conversion of the
specification.
Section 97, rule 71.
IN THE MATTER OF Trade Mark No. registered in the name of in class of the Schedule.
Application is hereby made by (a) the registered proprietor of the above-numbered Trade Mark, for the conversion of the specification of the abovementioned registration (b) and the specification(s) of the Registered User(s) thereunder in consequence of the amendment of the Fourth Schedule to the Trade Mark Rules, 2001.
The specification(s) entered in the Register in accordance with the said Schedule prior to amendment is are:
It is requested that the Registrar should propose the following specification(s) in accordance with the amended schedule.
Dated this day of 200_
Signature (c)
Name of signatory in block letters
To, The Registrar of Trade Marks, Trade Marks Registry, Karachi.
(a) Insert the name and trade or business address of the Registered Proprietor (applicant).
(b) Cancel the words in italics if there are no registered users.
(c) Signature of the registered proprietor.
Notice of opposition to proposal for conversion of specification,
*The numbers of more than one trade mark dealt with by the same proposal may be given, provided the specifications are the same.
FORM TM-42
Request for the consent of the Registrar to alteration of the deposited Regulations for use
of a Collective or a Certification Trade Mark.
rules 40(2) and 46.
(To be accompanied by a duplicate of the application and three copies of the Regulations
day of 200_
To, The Registrar of Trade Marks, Trade Marks Registry, Karachi.
*Additional numbers and specifications may be given in a signed schedule on the back of the Form.
Application to the Registrar for an order Expunging or Varying an entry in the Register
relating to a collective mark or certification Trade Mark or Varying the Deposited
Regulations.
rules 42 and 45.
(To be accompanied by three copies each of the application and of a statement of case)
Collective mark or a Certification Trade Mark No.
2. (b) The deposited Regulations governing the use of the above-mentioned Trade Mark may be varied in the following manner:
Signature (e)
Name of signatory in block letters
To, The Registrar of Trade Marks, Trade Marks Registry,
FORM TM-44
Notice under paragraph 11 of the Fourth Schedule to the Ordinance:
Claim to have registrability of the mark applied for before commencement of this
Ordinance determined under the "Ordinance (Conversion of application)
I (we) claim to have the registrability of the under mentioned mark determined in accordance with the provisions of the Trade Marks Ordinance, 2001.1 acknowledge that this notice is irrevocable.
Give details of the application you made
under Trade Marks Act, 1940: Number
Signature Name of signatory in block letters
To,
The Registrar of Trade Marks,
The Trade Marks Registry,
.
Karachi.
(1)
Note: You cannot amend a mark under the Ordinance, 2001. If you want to amend the mark you must file Form TM16, before or with this form.
(2) The new filing date of your converted application will be the date of the commencement of Trade Mark Ordinance, 2001.
Page 93
Fee is required to be paid for each category you have indicated
Request for information about applications and registered marks
Under Section 109
1. Give details of the application
or registration to which the Number. Class.
re uest relates .
. 2. Indicate for which category or categories of events you require notification.
(A to H as detailed below)
(A separate fee is .payable for each
category indicated)
Category -You will be notified of
A. Application published or withdrawn, refused or deemed abandoned before publication.
B. Current or future formal opposition filed against a new trade mark application.
C. Application registered or withdrawn, refused or deemed abandoned after publication.
D. Unpaid renewal (registration in additional renewal fee period).
E. Registration renewed or expired.
F. Full surrender or successful revocation resulting in the removal of a mark from the register.
G. Assignment application received.
H. Assicrnment in full or artial assignment.
Signature (e)
Name of signatory in block letters
Dated this day of 200
To,
The Registrar of Trade Marks,
Specific notes: (1) Since Trade Marks Register is a public record any one can ask to be told about any action on any application or registration. The form lists the categories which you can be notified about. This form is
not open to public
inspection and information is disclosed only to the person
filing the form.
(2) A separate form should be used for each trade mark number.
A separate fee is payable for each category you want to be notified of.
(3)
If there is not enough space for your answer to any section of this form, use separate sheets. Number each one and write on the form how many extra sheets you have used.
(4)
FOIDvl TM-46
IN THE MATTER OF *the Trade Mark No. registered in
FORM TM-47
Fee: See entry NoA8 of the First Schedule
Request for entry on the Register and Advertisement of a Note of Certificate of validity by the Court under section 112, Rule 86
IN THE MATTER OF Trade Mark(s) No.(s) registered m
CIass in the name of
1 (or-We)
request the Registrar to add to the above numbered entry (entries) of (a) Trade Mark(s) in the Register, and to advertise in the Trade Marks Journal a note that in (b)
the Court
Court certified that the validity of the ,said registration(s) came into question and was decided in favour of the proprietor of the Trade Mark in the of the accompanying officially certified copy of the certificate of validity.
Dated this day of 20o_.
Signature (c)
Name of signatory in block letters
The Registrar of Trade Mflrks,
The Trade Marks Registry.
.
Karachi .
(a) State the name and address of the Registered proprietor.
Cb) State the nature of the proceedings, with the names of the parties to them, in which the certificate was given.
(c) Signature of person interested.
Name of signatory in block letters
To The Registrar of Trade Marks, The Trade Marks Registry,
FORM TM-49
Paragraph 5 of First Schedule, Paragraph 6 of Second Schedule, Rule 39(1) & 43 (1) (To be accompanied by a duplicate of the draft regulations and in the case of a textile mark to be accompanied by two duplicates of the draft regulations) .
Regulations for governing the use of a Collective or a Certification Trade Mark
FORM TM-50
Form of request by a Registered Proprietor or a registered Licensee of a trade mark or a
To, The Registrar of Trade Marks, The Trade Marks Registry,
*Additional numbers may be given in a signed schedule on the back of the form.
FORM TM-S l
Fee : See entry No.SO of the First Schedule
Application under section 82(2) & First Schedule to register a collective mark for a specification of goods or services included in a class from a convention country under section 25, Rules IS & 39(1) (To be filled in triplicate and accompanied by six representations of the collective mark and three copies of draft regulation with Form TM-49)
On representation to be fixed withi n this space and six others to be sent separately. Representation of the larger size may be folded but must then be mounted upon linen or other suitable material affixed thereto. See rule 17.
Application is hereby made for registration in the register of Trade Mark of the accompanying collective mark in c1ass(l) __
in respect of (2) in the name of (3) whose address is (4) .
The first application in a country to register the collective mark has been made in on .
A certified copy certified by an official of the convention country in which the first application was filed is enclosed (alongwith its translation in English).
I (we) request that the collective mark may be registered with priority date based on the above mentioned first application in a convention country under the provisions of section 25 of the Ordinance.
All communications relating to this application may be sent to the following addres; in Pakistan:
Dated this day of 2.0__
of signatory in block letter
To,
The Registrar of Trade Marks,
The Trade Marks Registry,
Karachi.
(1). Insert the serial number of the class as indicated in Schedule IV to the Trade Marks Rules.
(2). Specify the goods or services. Only goods and services included in onc and the same class should be specified. Please consult Schedule IV attached to the Rules to check the class of goods and services or the Book on International Classification of goods issued by the International Bureau for the Protection of Intellectual Property, Geneva.
FORM TM-52
Application under section 83(2) Second Schedule to register a certification trade mark for specification of goods or services included in a class from a convention country under section 25, Rule 15 & 43(1).
(To be filed in duplicate accompanied by three copies of the draft regulation with
Form TM-49). On representation to be fixed within this space and six others to be sent separately. Representation of the larger size may be. folded but must then be mounted upon linen or other suitable material affixed thereto. See rule 17.
Application is hereby made for registration in the register of Trade Mark of the accompanying certification trade mark in class(1) __ in respect of (2) in the name of (3) whose address is
(4) The applicants(s) is (are) not carrying on business in the goods or
.
services of the kind for which the registration of the said certification trade mark is sought.
The first application in a country to register the certification trade mark has been filed in on
A certified copy certified by an official of the convention country in which the first application was filed is enclosed (alongwith its translation in English).
I (we) request that the certification trade mark may be registered with priority date_based on the above mentioned first application in a convention country under the provisions of section 25 of the Ordinance.
All communications relating to this application may be sent to the following address in Pakistan:
Dated 1bis___ day of 200__ .
To, The Registrar of Trade Marks, The Trade Marks Registry, Karachi.
Application for registration of trade marks consisting exclusively of letters or numerals or any combination thereof relating solely to textile goods for specification of goods included in any of the items of the Fifth Schedule. (Rule 96)
(To be filed in duplicate accompanied by six additional
representations of the trade mark) . One representation to be fixed within this space and six others to be sent separately ..
Application is hereby made for registration of the accompanying trade mark in
c1ass(l)__
in respect of (2) in the name of (3)· whose address is(4) , who c1aim(s) to be the proprietor(s) thereof and by whom the said mark
-is proposed to be used(5) being used since in respect of said goods or services.
All communications relating to this application may be sent to the following address in Pakistan:
To,
The Registrar of Trade Marks,
known. The duly signed additional representation by the applicant or his agent should bear the mark, the na,me, address and description of the applicant, the description of goods or services, the item of textile goods mentioned
the Fifth Schedule, the period of use of the trade mark, the trade description and address for service in Pakistan.
FORM TM-S4
Fee: See entry No.53
of the First Schedule
Application for registration of a textile trade mark (other than a certification trade mark or a collective mark) containing exclusively of numerals or letters or any combination
thereof for specification of goods or services included in one item of the Fifth Schedule
under Rule 12 from a convention country under
Section 25
(To be filed in duplicate accompanied by six additional
representations of the trade mark) . One representation to be fixed within this space and six others to be sent ,
.
Appiication is hereby made for registration in the register of the accompanying trade mark in class(l )__ in respect of (2) in the name(s) of (3) whose address is( 4)
, who claim(s) to be the proprietor thereof and by whom the said mark is
'
proposed to be used(5) / being used since in respect of goods or services.
The first application in a convention country to register the trade mark has been made in on A certified copy certified by an official of the convention country in \vhich the first application was filed is enclosed (alongwith its translation in English).
I (we) request that the trade mark may be registered with priority date based on the above mentioned first application in a convention country .under the provisions of section 25 of the Ordinance.
All communications relating to this application may be sent to the following address in Pakistan:
Dated this day of 20o__
Name of signatory in block letters
To,
The Registrar of Trade Marks,
The Trade Marks Registry,
1. The Registrar's direction may be obtained if the class of goods or services is not known. The duly signed additional representation by the applicant or his agent should bear the mark, the name, address and description of the applicant, the description of goods or services. the item of texti1e goods mentioned on the Fifth Schedule, the
period of use of the trade m8.rk, the trade description and address for service in
Pakistan.
,2. Specify the items of textile goods mentioned in the Fifth Schedule consIstmg exclusively of letters or numberless or any combination thereof in respect of which application is made. A separate sheet detailing the goods or services may be used.
FOR:\;1 TM-55
Signature (d.
To.
The Registrar of Trade Ma,.(s.
See section 123, rule 80
Application No ................ ,
The reasons for making application are as under:
Signature (b)
To.
The Registrar of Trade Marks, The Trade Marks Registry,
Page 104
SECOND SCHEDULE
TRADE MARKS ORDINANCE, 200 1
The reasons for making the application are as under:
Signature (c)
Name of signatory in'block letters
FORM TMA-1
SECOND SCHEDULE
TRADE-tVIARKS ORDINANCE, 200 1
Application for registration as a trade mark agent.
Rule 119
(To be filed in duplicate) I beg to apply for registration as a trade mark agent under the Trade Marks Ordinance, 200 l.
(a) A certificate of character from is enclosed herewith.
I hereby declare that I am not subject to any of the disabilities stated in clauses (i), (ii), (iii) and (iv) of rule 117 of the Trade Marks Rules and that the information given below is true to the best of my knowledge and belief:
1.
5.
6.
10. Whether at any time removed from the Register of trade mark agents
The 1 [Federal Government] ,
. Through the Trade Marks Registry, Karachi.
Chief Administrative Officer of the District where the candidate usually resides, or from any other person whom the Registrar may consider fit.
(b) Either original diploma, certificates and other documents in support of qualifications claimed, or copies thereof duly attested by a Magistrate, a Notary Public or 2[person authonzed to attest documents] must be sent with the application.
3[Particulars in respect of the period of service with a registered trade mark agent or an advocate practicing before the Trade marks Registry or, as the case may be, of the post held in the Trade Marks Registry, may be specified.]
SECOND SCHEDULE TR,,\DE MARKS ORDINANCE, 200 1 Application for the restoration of the name of a person to the Agents' Registrar (Rule 123)
of agent
business
The 1 [Federal Government] ,
Through the Trade Marks Registry,
Karachi.
Form No.
(1)
0-1
l}-2
THE THIRD SCHEDULE
[Se.e rule 31
FORc\:IS TO BE USED BY HIE REGISTR.iI,.R LIST OF FORMS
Section of the Title.
Ordinance.
(2) (3) .
33(5) Notice of Non-completion of Registration.
33(4) Certificate of Registration of Trade Marks.
FORlvI O-l GOVERNMENT OF PAKISTA,l'T THE TRADE MA,:"R.KS REGISTRY, KARACHI TRADE MA...l�KS ORDINA,NCE 2001
No ............... ,. ... .... ............... Notice is hereby given, as required by section 33(5) of the Trade Marks Ordinance, 2001, that the registration of the trade mark, in respect of which application
numbered as above was made on the ------------------------day of ------------200-- has not been completed by reaso n of default on the part of the applicant.
Unless registration· is completed within twenty-one days from the date of this · notice, the application will be treated as abandoned.
Dated this ................ day of ............ ....... ....... 200 .. . ..
Registrar of Trade Marks. To,
GOVERNMENT OF PA.KISTAN
THE TRADE MARKS REGISTRY, KARACHI
TRA.DE MARKS ORDINANCE, 2001
Certificate of Registration of Trade Mark. Section 33(4) TRADE MARK No ...................... ..... . Dated.. ............."
.... , ...... ;·
Certified that
Trade Mark, of which a
annexed hereto has
been registered in Lhe name of. ............................................... ....................................... ... ..
in class ........................... ......... under No................ .......................... ...... as of the date
.............................. , .................... in respect of .................................................................... .
Sealed at my direction, this ....... ... ........ ....... . .. ............... . ...... day of . ......... ........... 200 .... .
Registrar of Trade Marks.
Registration is for ten years from the date first above-mentioned and may then be renewed for a period of ten years, and also at the expiration of each period of ten years tnereafter. (See section 35 of the Trade Marks Ordinance 200 1 and rules. 45-39(2)(b) of the Trade Marks Rules, 2003 .
Note._ Upon any change of ownership of this Trade Mark, or change m address, application should at once be made to register the change.
FOR1-1 0-3
GOVERMENT OF PAKISTAN THE TRADE MARKS REGISTRY, KARACHI TRADE WLARKS
Notice of expiration of last Registration. Section 35 (2) registered Trade Mark No ........................... . Class.......................
Notice is hereby given as required in section 35 (2) of the Trade Marks 2001, that the registration of the aforesaid trade mark will expire on
............................ ......................... and that the registration can be renewed for a further period of ten years on receipt in this office of an application on the enclosed form TM-12 accompanied by the prescribed fee of Rs .............................................. on or before the
said date.
FORM 0-4.
GOVERl'l'MENT OF P AKIST AN
MIN STRY OF COMMERCE
TRADE MARKS ORDINANCE, 2001
Certificate of Registration as a trade mark agent
[Rule 121]
No ........................... .
This is to certify that.......................... of
was registered on this........................... ............... ..day of ........... ..... ... .............200 ...... , in the Register of trade mark agents maintained under rule 115 of the Trade Marks Rules, 2003.
Registrar of the Trade Marks, Government of Pakistan.
THE FOURTH SCHEDULE [SEE RULES 11, 71 AND 88]
CLASSIFICA TION OF GOODS AND SERVICES
Names of the Classes (Parts of an artic le or apparatus are, in general, classified with the actual article or apparatus, except where such parts constitute articles included in other classes) .
3 Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery,
oils, cosmetics, hair lotions, dentifrices.
(except driving chains for vehicles); non-electric cables and wires of common metal; locksmith' s work; metallic pipes and tubes; safes and cash boxes; steel balls; horseshoes; nails screws; ironmongery;
items of metal hardware; other goods in non-precious metal not included in other classes; ores.
razors .
IP /N1 l/P AK1I12 Page 111
12. Vehicles, apparatus for locomotion by land, air or water.
13.
16. Paper and
paper articles, cardboard and cardboard art icles; printed matter, newspapers and periodicals, books; book-binding materials, photographs, stationery, adhesives materials (stationery), artists' materials, paint brushes, typewriters and office requisites (other than furniture) , instructional and te aching material (other than apparatus), playing cards; (printers') type and (stereotype); plastic materials, for packaging (not included in other classes) .
'17. Gutta percha, rubber, balata and substitutes, articles made from these substances and not included .in other classes, materials for packing, stopping or insulating, asbestos, mica and their products; hose pipes (non-metallic) ; plastics in extruded form for use in manufacture.
18. Leather and imitations of leather, and articles made from these materials, and not included in other
animal skins, hides, trunks and travelling bags, umbrellas, parasols and walking sticks, whips, harness and saddlery.
19. B uilding materials (non-metallic), natural and artificial stone, cement, lime, mortar, plaster and gravel; pipes of earthenware or cement; road-making, materials; asphalt, pitch and bitumen, portable buildings; monuments; not of metal, chimney pots; non-metallic rigid pipes for building; non-m etallic;
transportable buildings.
20. Furniture, mirrors, picture frames; articles (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of
pearl, meerschaum and substitutes for an
materials, or of plastics..
23. Yarns and threads, for textile use.
24. Textiles and textile goods, not included in other classes, bed and table covets.
CloL.ing, footwear, headgear.
26. Lace and embroidery, ribbons and braid, buttons , hooks and eyes, pins and needles, artificial flowers. Carpets, rugs, mats and matting, linoleum and other materials for covering existing
floors, wall hangings (non-textile).
28. Games and playthings, · gymnastic and sporting articles not included in other classes, decorations for Christmas trees.
Meat, fish, poultry and game, meat extracts, preserved, dried and cooked fruits and vegetables, jellies, jams, fruit sauces, eggs, milk and milk products; edible oils and fats; pickles.
Beers, mineral and aerated waters and other non-alcoholic drinks, syrups and other preparations for making beverages; fruit drinks and fruit juices.
33. Alcoholic beverages (except beers) .
34. Tobacco; smokers' articles, matches.
36. Insurance, financial affairs; monetary affairs; real estate affairs .
. 40. Treatment of materials.
41. Educati on , providing of training, entertainment, sporting and cultural activities.
Providing of food and drink, temporary ac commodation, medical, hygienic and beauty care, veterinary and agricultural services, legal services; scientific and industrial research; computer programming, services that can not be classified in other classes.
IPlN/llP AKlI/2 Page 113
THE FIFTH SCHEDULE
[See rule 96]
No. of item
9.
14. Sambura Cloth -Grey Drill with red and black headings and coloured runner in the centre.
15. Whole Grey Dobby Cloth and Doria.
16. Bleached Longcloth, Shirtings, Cellular, Limbric, Poplin, Sheetings and Printers -Including all the above mentioned plain cloths with no colour in the body except a woven coloured heading.
.
25.
stripes or checks.
36. Dyed T -Cloth and Domestics -See note under item 33.
37, Dyed Coarse Cloth -See note underitem 33,
41 . Dyed Pugree Cloth -See note under item 33.
42. Dyed Voiles -Including bordered voiles.
43 . Dyed Flannelettes -Including Grey and self-coloured Flannelettes and all dyed
46. Coatings and Traouserings (including Sholapuri, Chennai, Cloth, Sunproof cloth, Tussore,
Cloth, Serges. Thana Cloth, Malatia and Corduroy) In addition to the goods includes cotton dyed coatings and coatings with artificial silk in the warp or in the weft as stripes Of" checks, either alone or in combination with dyed cotton yarn.
47 . Striped Drills and Jeans and Striped Twills -Including striped drills or twills with gray, bleached or coloured ground.
48. Bed ticking -With coloured warp and gray or bleached weft.
49. Striped Coarse cloth -Including bou gray and bleached grounds.
50. Striped shirtings, Striped Susis and Striped Zephyrs etc., with gray bleached
goods.
51. Check shirtings . Check Susis and Check Zephyrs -See note under item 50.
52. Check Chadars -Including plain check chadar and twill check chadar on gray, bleached or coloured grounds.
57. Artificial Silk Check Shirtings -On gray white and coloured grounds.
58. Artificial Silk Brocads and 'All over Styles'.
59. Artificial Silk Dhoties. Saries and Scarves and Cloth includes dhoties and· saries in which an artificia l silk warp or weft or both are used. It does not include dhoties, etc. in which artificial silk is used only in the borders) .
Saries also.
63. Printed Shirtings, Cellular, Limbric, Poplins and Sheetings -Grey bleached and dyed grounds.
(b) Table cloth and table covers, napkins.
72.
-Grey, bleached or coloured.
IPIN/ lIP AKlII2 Page 117
90. Artificial silk striped Voiles -Grey, bleached and dyed, voiles with artificial silk stripes in the body of the cloth.
91. Bordered voiles
92. Artificial Silk Satins - Including satins made from 100 per cent silk or artifi.cial silk in the warp or weft.
'
93. Check Voiks Grey. bleached and dyed (This item contains
bleached or coioured grounds with check designs all over the body of the doth).
94. Grey Flannelettes -Including all gray cloths raised on one side and cotton velvet.
THE SIXTH SCHEDULE [See rule 82]
Scale of costs allowable in proceedings before the Registrar (rule 83)
Serial Matter in respect of which cost is to be Amount ' No. awarded. (Rs)
(1) (2) (3)
'
3. For adjournment of hearing granted on 5001-Plus cost of re-summoning the
the petition of any party. other parties, witnesses who were due.to be examined on the day.
4. For striking out scandalous matter from 200/
an affidavit.
5. For attendance of witnesses-
Subsistence allowance .. 500/Travelling allowance-
By Train ..
Actual each
below) .
By road ..
At 5/-per mile Evide Note below).
6. Commission for examination of 5°91-for each dy's sitting.
NOTE:-The rates of subsistence allowance and travelling allowance for witnesses shall vary according to the status of the witness, subject to the maximum prescr ibed
above.
THE SEVENTH SCHEDULE
[See rule 101(1)]
List of Associations referred to in rule 10 1 (1)
Sr. Number of persons No .. Names of Associations. to be recommended.
8. Pakistan Woolen Mill Owner's Association 1 Rawalpindi.
[F.No 2(6)98IWTO.III]