1940: Act-V STATUTORY RULES AND ORDERS 1
(Under section 84,-Revised Trade Marks Rules)
S.R.O.699(K) 63, dated the 10th September, 1963.-In exercise of the powers conferred by section 84 of the Trade Marks Act, 1940 (V of 1940), the Government of Pakistan is pleased to publish the following Trade Marks Rules. They will come into effect immediately:-
Short title and commencement.-(1) These rules may be called the Revised Trade Marks Rules, 1963.
(2) They shall come into force at once.
Definitions.- In these rules, unless there is anything repugnant in the subject or context,-
“Act” means the Trade Marks Act, 1940;
“Branch Registry” means a Branch of Trade Marks Registry established under rule 139;
“Form” means a form set forth in either the Second or the Third Schedule to these rules;
“Journal” means the Trade Mark Journal;
“Section” means a section of the Act;
“Specification” means the designation of goods in respect of which a trademark, or a registered user of a trademark, is registered or proposed to be registered.
1940: Act-V STATUTORY RULES AND ORDERS 2
(Under section 84,-Revised Trade Marks Rules)
Fees.-(1) The fees to be paid in respect of applications and registration and other matters under the Act shall be those specified in the First Schedule to these rules, hereinafter referred to as the prescribed fees.
(2)(a) Fees may be paid in cash at the Trade Marks Registry, or may be sent by money order or postal order or cheque, payable to the Registrar.
(b) 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 accepted only at the discretion of the Registrar.
(c) Stamps shall not be received in payment of fees.
Forms.-The forms set forth in the Second and the Third Schedules to these rules shall be used in all cases to which they are applicable and may be modified as directed by the Registrar to meet other cases.
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 trademarks authorized or required by the Act 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, typewritten, 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 of approximately 13 inches by 8 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 trademarks shall be filed at the Trade Marks Registry, if at any time required by the Registrar.
Signature of documents.-(1) A document purporting to be signed by a 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 the secretary or other principal officer of the body corporate. A document purporting to be signed by any other association of persons shall be sign 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.
1940: Act-V STATUTORY RULES AND ORDERS 3
(Under section 84,-Revised Trade Marks Rules)
(2) Signatures to any document if written in characters other than Roman, or if not clearly legible shall be accompanies by a transliteration in English and in block capitals.
Service of documents.- All applications, notices, statements, papers having representations affixed thereto, or other documents authorized or required by the Act or these rules to be made, left or sent, at or to the Trade Marks Registry or with or to the Registrar or the [Federal Government] or any other person may be sent through the 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 sufficient to prove that the letter was properly addressed and put into the post.
Particulars of applicants and other persons.- (1) Names and addresses of applicants and other persons shall be given in full, together with their nationality and such particulars, if any, of caste or calling as are necessary for identification. In the case of a firm, the full name and nationality of every partner thereof shall be stated.
(2) The address given shall in all cases be as full as possible, for the purpose of enabling any person easily to find the place of trade or business of the person whose address is given.
(3) In the case of a body corporate or firm or an association the country of incorporation and the nature of registration, if any, as the case may be, shall be given.
Address for service.-(1) Every applicant or opponent in any proceeding under the Act or these rules, who does not reside or carry on business within Pakistan shall given an address for service in Pakistan and such address may be treated as the actual address of that persons for all purposes connected with the proceeding in question.
(2) Every person who is registered as a proprietor or registered user of a trademark or who is about to be registered as such may, if he so desires, give upon Form TM-50 an address for service in Pakistan for entry in the register, and such address entered in the register may be treated as the actual address of that person for all purposes connected with the trademarks. All applications on Form TM-50 under this rule shall be signed by the person about to be registered or the registered proprietor or registered user, as the case may be or by an agent expressly authorized by him for the purpose of ;such application.
1940: Act-V STATUTORY RULES AND ORDERS 4
(Under section 84,-Revised Trade Marks Rules)
(3) In any case in which no address for service is entered in the register, the Registrar may treat the trade or business address of the registered proprietor or registered user of a trademark as therein entered as his address for service or all purposes connected with the trademark.
(4) Any written communication addressed to a person as aforesaid at an address for service given by him or at an address treated by the Registrar as his address for service, shall be deemed to be properly addressed.
(5) Unless an address for service as required in sub-rule (1) is given the Registrar shall be under no obligation to send any notice that may be required by the Act or these rules, and no subsequent order or decision in the proceedings shall be called in question on the ground of any such non-service of notice.
Agency.- The authorization of an agent for the purpose of section 80 shall be executed on Form TM-48.
Classification of goods.- For the purposes of the registration of trademarks and of these rules, goods shall be classified in the manner specified in the Fourth Schedule to these rules.
Form of application.- An application to the Registrar for the registration of a trademark shall be signed by the applicant. For a trademark other than a defensive trademark, the application shall be made on Form TM-1, if in respect of non-textile goods.
Application to be confined to one class.-(1) Every application for the registration of a trademark shall be in respect of goods in one class only of the Fourth Schedule to these rules.
(2) Separate applications.- Applications for the registration of the same trademark in different classes shall be treated a separate and distinct applications, and in all cases where a trademark is registered under the same official number for goods in more than one class, whether on conversion of the specification under rule 75 or otherwise, the registration in respect of the goods included in each separate class shall be deemed to be a separate registration for all the purposes of the Act.
1940: Act-V STATUTORY RULES AND ORDERS 5
(Under section 84,-Revised Trade Marks Rules)
Statement of user in application.- An application to register a trademark shall contain a statement of the period during which, and the person by whom, it has been used in respect of the goods mentioned in the application. The Registrar may require the applicant to file an affidavit testifying to such user with exhibits showing the mark as used.
Representation of marks.- Every application for the registration of trademark, and where additional copies of the application are required, every such copy shall contain a representation of the mark in the space provided on the application form for that purpose. Where the representation exceeds such space in size, the representation shall be mounted upon lien, 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.
Additional representations.- Every application for the registration of a trademark 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 representation shall correspond exactly with the another. 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.
Representation to be durable.- All representations of trademarks 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 approximately 13 inches by 8 inches, leaving a margin of not less than one inch and-a-half on the left hand part of the sheet.
Specimens of the mark in exceptional cases.- Where a representation of a trademark cannot be given in the manner set forth in rule 18, a specimen or copy of the trademark may be sent either of full size or on a reduced scale, and in such form as the Registrar may think most convenient.
Series of trademarks.- Where an application is made for the registration of a series of trademarks under sub-section (3) of section 20 copies of representations of each trademark of the series shall accompany the application in the manner set forth in rules 16 and 17.
1940: Act-V STATUTORY RULES AND ORDERS 6
(Under section 84,-Revised Trade Marks Rules)
Transliteration.- Where a trademark 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.
Translation.- Where a trademark 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.
PROCEDURE ON RECEIPT ON RECEIPT OF APPLICATION FOR REGISTRATION OF A TRADEMARK
Acknowledgement of receipt of application.- Every application for the registration of a trademark in respect of any goods shall, on receipt, be acknowledged by the Registrar.
Search .- Upon receipt of an application for the registration of a trademark in respect of any goods the Registrar shall cause a search to be made amongst mark in respect of any goods the Registrar shall cause a search to be made amongst the registered marks and amongst the pending applications for the purpose of ascertaining whether there are on record in respect of the same goods or description of goods 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.
Objection to acceptance.- (1) If, on consideration of the application, and of 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 the communication mentioned in sub-rule (1), the applicant alters his application according to the proposal aforesaid, or sends his observations to the Trade Marks Registry or applies for a hearing, the application shall be deemed to have been abandoned and no further reference to the applicant shall be necessary.
1940: Act-V STATUTORY RULES AND ORDERS 7
(Under section 84,-Revised Trade Marks Rules)
(3) An application which is treated as abandoned under sub-rule (2) or sub-section (3) of section 16 may be restored [within two months] to the file on sufficient cause being shown to the satisfaction of the Registrar and on an application to that effect being made in Form TM-56 accompanied by a statement of the case.
Decision of Registrar.-(1) The decision of the Registrar at a hearing under rule 24, or without a hearing if the applicant has duly communicated his observations, in writing, and has stated that the does not desire to be heard, shall be communicated to the applicant in writing, and if the applicant intends to appeal from such decision he may within one month from the date of such communication apply on ;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.
(2) In a case where the Registrar makes any requirements to which the applicant does not object, the applicant shall comply therewith before the Registrar issues a statement in writing under sub-rule (1).
(3) The date when such statement is sent shall be deemed to be the date of the Registrar’s decision for the purpose of appeal.
Application for registration and proceedings relating thereto.- An application for the registration of a defensive trademark under section 38 shall be made on Form TM-3 and shall be accompanied by a statement of case setting forth full particulars of the facts on which the applicant relies in support of his application, verified by an affidavit made by the applicant. The applicant may send with this affidavit or subsequently such other evidence as he may desire to furnish, and the Registrar shall consider the whole of the evidence before deciding the application. In all other respects and where they are appropriate and it is not otherwise stated, these rules shall apply to such application as they apply to applications for the registration of ordinary trademark.
Manner of advertisement.- An application for the registration of trademark required or permitted to be advertised by sub-section (1) of section 15 shall be advertised in the Journal during such time and in such manner as the Registrar may direct. In the case of an application with which the Registrar proceeds only
1940: Act-V STATUTORY RULES AND ORDERS 8
(Under section 84,-Revised Trade Marks Rules)
after the applicant has lodged the written consent to the proposed registration of the registered proprietor of another trademark or of another applicant the words “By Consent” shall appear in the advertisement. If no representation of the trademark be included in the advertisement of the application, the Registrar shall mention in such advertisement the place or places where a specimen or representation of the trademark may be inspected.
Wood block or Electro-type.- For the purposes of advertisement in the Journal, the applicant may, [within two months] supply or be required to supply a printing block (or more than one, if necessary) of the trademark satisfactory to the Registrar, of such dimensions as may from time to time be approved or directed by the Registrar, or shall supply such information or other means of advertising the trademark as may be required by the Registrar, and the Registrar, if dissatisfied with the printing block supplied by the applicant or his agent, may require a fresh block before proceeding with the advertisement. Any printing block so sent to the Registrar shall be retained by the Trade Marks Registry.
Advertisement of series.- Where an application relates to a series of trademarks differing from one another in respect of the particulars mentioned in sub-section (3) of section 11, the applicant may be required to supply a printing block (or more than one, if necessary) satisfactory to the Registrar of any or of each of the trademarks constituting the series, or the Registrar may, if he thinks fit, insert with the advertisement of the application a statement of the manner in which the several trademarks differ from one another.
Notice of opposition.- The time within which a notice of opposition to the registration of a trademark may be given, shall be [two] months from the date of advertisement of the application for registration, in the Journal. Such notice shall be on Form TM-5.
Particulars to be given in the notice.- The notice shall be given in duplicate, and shall include a statement of the grounds [fully supported by documents] upon which the opponent objects to the registration. If registration is opposed on the ground that the trademark in question resembles any marks already on the register, the registration numbers of such trademarks and the dates of the Journals in which they have been advertised shall be set out.
1940: Act-V STATUTORY RULES AND ORDERS 9
(Under section 84,-Revised Trade Marks Rules)
Counter-statement.- The counter-statement required by sub-section (3) of section 15 shall be sent in duplicate on Form TM-6 [fully supported by documents within one month] from the receipt by the applicant of the duplicate notice of opposition. The applicant shall also set out in the counter-statement what facts, if any, alleged in the notice of opposition, are admitted by him.
Rules 33 to 35 omitted ibid, item (6) (w.e.f. 01-07-1977)
Further evidence.- No further evidence shall be left on either side, but, in any proceedings before the Registrar, he may at any time, if he thinks fit, give leave to either the applicant or the opponent to leave any evidence upon such terms as to costs or otherwise as the may thinks fit.
Exhibits.- Where there are exhibits to affidavits filed in an opposition, copies or impressions of such exhibits shall be sent to the other party on his request and at his expenses, or, if such copies or impressions cannot conveniently be furnished, the originals shall be left with the Registrar in order that they may be open to inspection. The original exhibits shall be produced at the hearing unless the Registrar otherwise directs.
Hearing.- Upon completion of the evidence 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 on Form TM-7. Any party who does not so notify the Registrar within the time last aforesaid, may be treated as not desiring to be herd and the Registrar may act accordingly.
Security for costs.- The security for cost, which the Registrar may require under sub-section (5) of section 15, may be fixed at any amount, which he may consider proper, and such ;amount may be further enhanced by him at any stage in the opposition proceedings.
Procedure for giving notice.- The notice which the Registrar is required by sub-section (3) of section 16, to give to an applicant, shall be sent to the applicant at his trade or business address or address for service on Form O-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.
1940: Act-V STATUTORY RULES AND ORDERS 10
(Under section 84,-Revised Trade Marks Rules)
Entry in Register.-(1) As soon as may be after the expiration of four months from the date of the advertisement in the Journal of any application for the registration of a trademark, the Registrar shall, subject to any opposition and determination thereof, and to the provisions of sub-section (1) of section 16 and upon payment of the prescribed fee on Form TM-11, enter the trademark in the register.
(2) The entry of a trademark in the register shall specify the date of the registration, the goods in respect of which it is registered, and all particulars required by sub-section (1) of section 4, including both the trade or business address and the address for service of the applicant (if an application on Form TM-50 for the entry thereof has been accepted), particulars of the trade, business profession, occupation, or other description of the proprietor, particulars of any undertaking by the proprietor entered on the form of application, particulars affecting the scope of the registration or the rights conferred by the registration, and such other particulars as are prescribed.
(3) In the case of an application as aforesaid which the Registrar accepts only after the applicant has lodged the written consent to the proposed registration, of the registered proprietor of another trademark or another applicant for registration, the entry made under this rule in the register shall state that it is “By Consent” and shall give the number of the previous registration or application for registration.
Associated marks.- Where a trademark is registered as associated with any other marks, the Registrar shall note in the register in connection with the first-mentioned mark the registration numbers of the marks with which it is associated and shall also note in the register in connection with each of the associated marks the registration number of the first-mentioned mark as being a mark associated therewith.
Death of applicant before registration.- In case of death of any applicant for the registration of a trademark after the date of his application and before the trademark has been entered in the register, the Registrar may, on proof of the applicant’s death and of the title of another person to the ownership of the trademark, [being furnished to him within ninety days] enter in the register the name, address and description of that person as the proprietor of the trademark.
1940: Act-V STATUTORY RULES AND ORDERS 11
(Under section 84,-Revised Trade Marks Rules)
Certificate of registration.- The certificate of registration of a trademark to be issued by the Registrar under sub-section (2) of section 16 shall be in Form O-2 with such modifications as the circumstances of any case may require, and the Registrar shall annex a copy of the trademark to the certificate.
Application for dissolution.- An application under sub-section (4) of section 12 shall be made on Form TM-14 and shall include a statement of the grounds of the application.
Renewal of registration.- An application for the renewal of the registration of a trademark shall be made on Form TM-12 and may be made at any time not more than six months before the expiration of the last registration of the trademark.
Notice before removal of trademark from register.- At a date not less than one month and not more than two months before the expiration of the last registration of a trademark, if no application on Form TM-12 for renewal of the registration together with the prescribed fee has been received, the Registrar shall notify the registered proprietor in writing on Form O-3 of the approaching expiration at his trade or business address as well as address for service entered in the register.
Advertisement of non-payment.- If at the expiration of the last registration of a trademark the renewal fee has not been paid, the Registrar shall advertise the fact forthwith in the Journal and if within four months of that advertisement the renewal fee on Form TM-12 together with the prescribed additional fee is received, he shall renew the registration without removing the mark form the register.
Removal of trademark from register and restoration.- (1) Where, at the expiration of four months from the advertisement mentioned in the last foregoing rule, the fees therein referred to have not been paid, the Registrar may remove the mark from the register, and the removal shall take effect from the expiration of the last registration.
1940: Act-V STATUTORY RULES AND ORDERS 12
(Under section 84,-Revised Trade Marks Rules)
(2) After the mark has been removed from the register, the Registrar may, on receipt of a request made in that behalf on Form TM-13 [within one year of the expiration of the last registration], restore the mark to the register on being satisfied that it is just so to do, and upon such conditions as he may think fit to impose.
Notice and advertisement of renewal and restoration.- Upon the renewal or restoration and renewal of a registration, a notice to that effect shall be sent to the registered proprietor and the renewal or restoration and renewal shall be advertised in the Journal.
Application for entry of assignment or transmission.- An application to register the title of a person who becomes entitled by assignment or transmission to a registered trademark shall be made on Form TM-24 or TM-23 according as it is made b such person alone or conjointly with registered Proprietor.
Particulars to be stated in application.- An application under rule 51 shall contain full particulars of the instrument, if any, under which the applicant or in the case of a joint application, the person other than the registered proprietor claims to be entitled to the trademark; and such instrument or a duly certified copy thereof shall be produced at the Trade Marks Registry, for inspection at the time of application at the time of application. The Registrar may require and retain an attested copy of any instrument produced for inspection in proof of title, but such copy shall not be open to public inspection.
Case accompanying application.- Where a person applying under rule 51 for registration of his title does not establish his claim under any document or instrument which is capable in itself of furnishing proof of his title, he shall, unless the Registrar 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 of Form TM-18.
Proof of title.- The Registrar may call upon any person who applies to be registered as proprietor of a registered trademark to furnish such proof or additional proof of title as he may require for his satisfaction.
1940: Act-V STATUTORY RULES AND ORDERS 13
(Under section 84,-Revised Trade Marks Rules)
Advertisement of assignment without goodwill of trademark in use.- (1) An application for directions under section 33 shall be made on Form TM-20 and shall state the date on which the assignment was made. The application shall give particulars of the registration in the case of a registered trademark, and in the case of an unregistered mark, shall show the mark and give particulars of the registered trademark that has been assigned therewith in accordance with section 30. 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 such an application in a case to which section 32 applies, unless his approval has been obtained under the said section and a reference identifying the Registrar’s notification of approval in included in the application.
(3) A request for an extension of the period within which the application may be made shall be on 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.
Application for entry of assignment without Goodwill.- An application under rule 51 relating to an assignment of a trade mark in respect of any goods shall state-
whether the trade mark was, at the time of the assignment, used in a business in any of those goods ; and
whether the assignment was made other wise than in connection with the goodwill of that business,
and if both those circumstances subsisted, then the applicant shall leave at the Trade Marks Registry a copy of the directions to advertise the assignment, obtained upon application under rule 55, and such proof, including copies of advertisements or otherwise, as the Registrar may require, to show that his directions have been fulfilled and if the Registrar is not satisfied that the directions have been fulfilled, he shall not proceed with the application.
Separate registrations.- Where pursuant to an applicant under rule 51 and as the result of division and separation of the goods of a registration or a division and separation of places or markets, different persons become registered separately under the same registration numbers subsequent proprietors 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 Act.
1940: Act-V STATUTORY RULES AND ORDERS 14
(Under section 84,-Revised Trade Marks Rules)
Registrar’s certificate or approval as to certain assignments and transmissions.- Any person who desires to obtain the Registrar’s certificate under subsection (2) of section 31 or his notification of approval under section 32 shall send to the Registrar with his application on Form TM-17 or Form TM-19, as the case may be, a statement of case in duplicate setting out the circumstances and copy of any instrument or proposed instrument 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 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. Where 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.
Registration of Assignment to a company under section 36.- For the purposes of sub-section (3) of section 36, the period within which a company may be registered as the subsequent proprietor of a registered trade mark, upon application made under rule 5l shall be six months from the date of advertisement in the Journal of the Registration of the trade mark or such further period not exceeding six months as the Registrar may allow, on application being made of Form TM-25 by the applicant for registration of title or the registered proprietor, as the case may be, at any time before or during the period for which the extension can be allowed.
REGISTERED USER
Entry and notification.- (1) An application to the Registrar for the registration under section 41 of a person as a registered user of a registered trademark shall be made by that person and the registered proprietor on Form TM-28.
(2) The entry of a registered user in the register shall set forth, in addition to the particulars mentioned in sub-section (1) of section 41, his address for service, if an application by him on Form TM-50 therefore has been accepted, and the date on which the entry is made. A notification in writing of the registration of a registered user shall be sent to the registered proprietor of the trademark, to the registered user and to every other registered user whose name is entered in relation to the same registration of a trademark and shall be inserted in the Journal.
1940: Act-V STATUTORY RULES AND ORDERS 15
(Under section 84,-Revised Trade Marks Rules)
Registered proprietor’s application to vary entry.- An application by the registered proprietor of a trademark for the variation of the registration of a registered user of that trademark under clause (a) of section 42 shall be made on Form TM-29 and shall be accompanied by a statement of the grounds on which it is made and, where the registered user in question consents, by the written consent of that registered user.
Cancellation of the registration of registered user.-(1) An application for the cancellation of the registration of a registered user under clause (b) or clause (c) of section 42 shall be made on Form TM-30 or Form TM-31, as the case may be, and shall be accompanied by a statement of the grounds on which it is made.
(2) In case of the registration of a registered user for a period, in accordance with clause (d) of sub-section (1) of section 41, the Registrar shall cancel the entry of the registered user at the end of that period. Where some or all of the goods are omitted from those in respect of which a trademark is registered, the Registrar shall at the same time omit them from those specifications of registered users of the trademark in which they are comprised. The Registrar shall notify every cancellation or omission under this sub-rule to the registered users whose permitted use is affected thereby and to the registered proprietor of the trademark.
Notification and hearing.- The Registrar shall notify in writing applications under section 42 to the registered proprietor and each registered user (not being the applicant) under the registration of the trademark. 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 on Form TM-32 to that effect and shall send therewith a statement of the grounds of his intervention. The Registrar shall thereupon serve or cause to be served copies of such notice and statement on the other parties viz., the applicant, the registered proprietor, the registered user whose registration is in suit, and any other registered user 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 the 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.
Registered user’s application under section 47(2).- Application under sub-section (2) of section 47 shall be made on Form TM-16 or Form TM-33 or Form TM-34 as may be appropriate by a registered user of a trademark or by such
1940: Act-V STATUTORY RULES AND ORDERS 16
(Under section 84,-Revised Trade Marks Rules)
person as may notify the Registrar that he is entitled to act in the name of a registered user 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.
APPLICATION FOR ALTETRATION OR RECTIFICATION OF REGISTER
Application to rectify, or remove a trademark from the register.- An application to the Registrar under section 37, 38 or 48 for the making, expunging or varying of any entry in the register shall be made on Form TM-26 and shall be accompanied by a statement meeting out fully the nature of the applicant’s interest, the facts upon which he bases his case and the relief which he seeks. Where the application is made by a person who is not the registered proprietor of the trademark in question, the application and the statement aforesaid shall be left at the Trade Marks Registry in duplicate. The duplicate copies shall be transmitted forthwith by the Registrar to the Registered proprietor.
Further procedure.- Upon an application mentioned in rule 65 being made and copies thereof being transmitted to the registered proprietor, if necessary, the provisions of rules 32 to 39 shall apply mutates mutandis to the further proceedings on the application but the Registrar shall not rectify the register or remove the mark from the register merely because the registered proprietor has not filed a counter-statement. In any case of doubt any party may apply to the Registrar for directions.
Intervention by third parties.- Any person, other than the registered proprietor, alleging interest in a registered trademark in respect of which an application is made under rule 65 may apply on Form TM-27 for leave to intervene, stating the 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.
67A.Rectification of the register by the Register.- (1) A notice under sub-section (4) of section 46 shall be sent by registered post to the parties concerned and shall state the grounds on which the Registrar proposes to make an order under sub-section (1) or sub-section (2) of that section, and specify the place, time and date, not being less than one month from the date of issue of such notice, on which the parties concerned may appear before him or submit their claim in writing.
1940: Act-V STATUTORY RULES AND ORDERS 17
(Under section 84,-Revised Trade Marks Rules)
Provided that the Registrar may adjourn the hearing to such future date as he may deem fit.
(2) Where any person to whom a notice has been issued under sub-rule (1) fails to appear before the Registrar, he may make such order as may deem fit.
(3) An order made under sub-rule (2) shall be in writing and shall be sent by registered post to the parties concerned;
ALTERATION OF ADDRESS
Alteration of address in register.-(1) A registered proprietor or a registered user of a trademark whose trade or business address is changed, so that the entry in the register is rendered incorrect shall forthwith request the Registrar on Form TM-34 to make the appropriate alteration of the address in the register, and the Registrar shall alter the register accordingly if he is satisfied in the matter.
(2) A registered proprietor or a registered user of a trademark whose address for service in Pakistan entered in the Register is changed, whether by discontinuance of the entered address or otherwise, so that he entry in the register is rendered incorrect, shall forthwith request the Registrar on Form TM-50 to make the appropriate alteration of the address in the Register, and the Registrar shall alter the register accordingly if he is satisfied in the matter.
(3) A registered proprietor or a registered user of a trademark whose registered trade or business address or address for service is altered by a public authority, so that the changed address designates the same premises as before, may make the aforesaid request to the Registrar on Form TM-34 or TM-50, as the case may be, and if he does so he shall leave therewith a certificate of the alteration given by the said authority. If the Registrar is satisfied as to the facts of the case, he shall alter the register accordingly, but shall not require any fees to be paid on the forms.
(4) In case of the alteration of the address of a person entered in the register as the address for service of more than one registered proprietor or registered user of trademark, the Registrar may, on proof that the said address is the address of the applicant and if satisfied that it is just to do so, accept an application from that person on Form TM-50, amended so as to suit the case, for the appropriate alteration of the entries of his address as the address for service in the several registrations, particulars of which shall be given in the form, and may alter the entries accordingly.
1940: Act-V STATUTORY RULES AND ORDERS 18
(Under section 84,-Revised Trade Marks Rules)
(5) All applications under this rule of Form TM-50 shall be signed by registered proprietor or the registered user, as the case may be, or by an agent expressly authorized by him for the purpose of such an application, unless in exceptional circumstances the Registrar otherwise allows.
CORRECTION OF REGISTER
Application under section 47(1).- Where an application has been made under sub-section (1) of section 47 for the alteration of the register by correction change, cancellation or striking out goods, or for the entry of a disclaimer or memorandum, the Registrar may require the applicant to furnish such evidence by affidavit or otherwise as the Registrar may think fit, as to the circumstances in which the application is made. Such application shall be made on Form TM-16, TM-33, TM-34, TM-35, TM-36, TM-37 or TM-50 as may be appropriate.
Advertisement of certain application.- (1) where an application has been made under clause (c), (d) or (e) of sub-section (1) or section 47, on Form TM-35, TM-36 or TM-37, respectively, the Registrar shall serve or cause to be served a copy of the application o any person who appears from the register to have any interest in the trade mark.
(2) Where application is made under clause (c) of the said sub-section on TM-37 to enter a disclaimer or memorandum relating to a trade mark, the Registrar shall before deciding upon such application, advertise the application in the Journal in order to enable any person to lodge at the Trade Marks Registry a Statement in writing, showing the reasons for his objections to the proposed entry, within four months form the date of the advertisement.
Alteration of Registered trade marks.- Where a person applies under section 48 for leave to add to or alter his registered trademark, he shall make his application in writing on TM-38 and shall furnish six copies of the mark as it will appear when so added to or altered.
Advertisement before decision and opposition.- (1) The Registrar shall consider the application and shall, if it appears to him expedient, advertise the application in the journal before deciding it.
1940: Act-V STATUTORY RULES AND ORDERS 19
(Under section 84,-Revised Trade Marks Rules)
(2) Within [two] months from the date of advertisement under sub-rule (1), any person may give notice of opposition to the application on TM-39 and may also send therewith a further statement of his objection. The notice and the statement, if any, shall be sent in duplicate. The provisions of rules 32 to 39 shall apply mutatis mutandis to the further proceedings on such notice.
Advertisement, Illustration.- If in the opinion of the Registrar an advertisement describing in words the proposed addition or alteration, would not be likely to convey to the mind an exact representation of the mark so altered or added to, he may require the applicant to supply a printing block suitable for advertising the mark with the addition or alteration as aforesaid. The advertisements under sub-section (2) of section 48 shall mutatis mutandis be made in the same manner as advertisements relating to an application for registration of a trademark.
Decision, Advertisement, Notification.- If the Registrar decides to allow the application he shall alter the mark in the register in the manner applied for and insert in the Journal a notification that the mark has been altered. If the application has not been advertised under rule 72 he shall also advertise in the Journal the trademark as altered.
RE-CLASSIFICATION OF GOODS IN RESPECT OF EXISTING REGISTRATION
Re-classification of goods in respect of existing registration.- (1) On the classification set forth in the Fourth Schedule to these Rules being amended, the registered proprietor of a trade mark may apply to the Registrar on Form TM-40 for the conversion of the specification relating to his trade mark, so as to bring that specification into conformity with the amended classification. The application shall include a request for the like conversion of the specification in respect of and registered users under that registration.
(2) The Registrar shall, thereon, notify in writing to the registered proprietor a proposal showing the form which, in the Registrar’s view, the amendment of the register should take in consequence of the proposed conversion. Two or more registrations of a trademark having the same date and in respect of goods which fall within the same class under the amended or substituted classification, may be amalgamated upon conversion in accordance with this rule.
1940: Act-V STATUTORY RULES AND ORDERS 20
(Under section 84,-Revised Trade Marks Rules)
(3) The proposal referred to in sub-rule (2) shall be advertised in the Journal.
(4) Notice of opposition to such proposal shall be given on Form TM-41 in duplicate within one month from the date of the advertisement and shall be accompanied by a statement in duplicate shoeing how the proposed amendment would contravene the provisions of sub-section (1) of section TM-49.
(5) The procedure for the disposal of an opposition under this rule shall be regulated by the provisions of rules 32 to 39 mutatis mutandis.
(6) If there is no opposition within the time specified in sub-rule (4), or in case of opposition, if the conversion of the specification is allowed, the proposal as allowed shall be advertised in 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 no affect the date of renewal of registration under section 18, which shall be determined in the same manner as before the allowance of the conversion.
Extension of Time.- If in any particular case the Registrar is satisfied that the circumstances and such as to justify an extension of time for doing any act or taking any proceedings under these rules, not being a time expressly provided in the Act or prescribed by rule 55 or 59, he may extend the time upon such notice to other party, if necessary, and upon such terms an he may direct, any extension may be granted though the time for doing the act or taking the proceeding has already expired. An extension granted under this rule shall not secede a period of more than one month at a time, provided that the total period of such extensions shall not exceed six months against each statutory period prescribed. An application for extension of time shall be made in form TM-55, on payment of the prescribed fee.
Exercise of discretionary power of Registrar.- The time within which a person entitled under clause (c) of section 70 to an opportunity of being heard shall exercise his option of requiring to be heard shall, save as other wise expressly provided in the Act or these rules, be one month form the date of a notice which the Registrar shall give to such person before determining the matter with reference to which such person is entitled to be heard. If within that month such person requires to be heard, the Registrar shall appoint a date for the hearing and shall give 10 day’s notice thereof.
1940: Act-V STATUTORY RULES AND ORDERS 21
(Under section 84,-Revised Trade Marks Rules)
Notification of decision.- The decision of the Registrar n the exercise of any discretionary power given to him by the Act or these rules shall be notified to the person affected.
Correction of irregularity in procedure.- Any irregularity in procedure which. In the opinion of the Registrar, may be obviated with out detriment to the interests of any person, may be corrected, if the Registrar thinks fit and on such terms as he may direct.
Costs in uncontested cases.- (1) Where any opposition duly instituted under these rules, is not contested 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 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 lodged.
(2) Sub-rule (1) shall not apply to costs in respect of fees specified under entries 11, 12 and 13 of the First Schedule to these rules which shall follow the event.
Scale of costs.- In all proceedings before the Registrar the Registrar may, save as otherwise expressly provided by the Act, award such costs as he considers reasonable, having regard to all the circumstances of the case, provided that the amount of casts awarded in respect of any of the matters set forth in the Sixth Schedule to these rules shall not exceed the amount therein specified.
Certificates other than under section 16 (2).- The Registrar may give a certificate [other than a certificate under sub-section (2) of section (16) as to any entry, matter or thing which he is authorized or required by the Act or these rules to make or do, upon receipt of request therefore on Form TM-46 from any person who can show, if so required any the Registrar, an interest in the entry, matter or thing to the satisfaction of the Registrar. Where a copy of any trademark has to be included in a certificate, the Registrar may require the applicant to supply a copy thereof suitable for the purpose, and if the applicant fails to do so, the Registrar shall not be obliged to include a copy of the mark in the certificate.
1940: Act-V STATUTORY RULES AND ORDERS 22
(Under section 84,-Revised Trade Marks Rules)
Certificate for use in obtaining registration abroad.-(1) Where a certificate relating to the registration of a trade mark is desired for use in obtaining registration in any territory outside Pakistan, the Registrar shall include in the certificate a copy of the mark and may require the applicant for the certificate to furnish him with a copy of the mark suitable for the purpose, and if the applicant fails to do so, the Registrar may refuse to issue the certificate.
(2) Where a trademark is registered without limitation of colour, the copy of the mark to be included in the certificate, may be either in the colour in which it appears upon the register or in any other colour or colour.
(3) The Registrar may state in the certificate such particulars concerning the registration of the mark as to him may seem fit, and may omit there from references to any disclaimers appearing in the register. The purpose for which the certificate is issued shall be stared therein.
Time for appeal.- An appeal to a High Court from any decision of the Registrar under the Act or these rules, shall be made within two months from the date of such decision
Certificates of validity to be noted.- Where the court has certified as provided in section 78 with regard to the validity of a registered trade mark, the registered proprietor thereof may request the Registrar on Form TM-47 to add to the entry in the register a note that the certificate of validity has been granted in the course of the proceedings, particulars of which shall be given in the request. An officially certified copy of the certificate shall be sent with the request, and the Registrar shall record a note to that effect in the register and publish the note in the Journal.
Inspection of register, etc.- The register and the Refused Textile Marks List, Shall be open to inspection, on payment of the prescribed fee, at such time on all the days on which the Trade Marks Registry is not closed to the public, as may be fixed by the Registrar.
1940: Act-V STATUTORY RULES AND ORDERS 23
(Under section 84,-Revised Trade Marks Rules)
Request to Registrar for search.- Any person may in Form TM-54request the Registrar to cause a search to be made in respect of specified goods classified in any on e class of the Fourth Schedule to these rules to ascertain whether any mark in the register or among pending applications for registration or in the Refused Textile Marks List resembles a trade mark of which duplicate representations accompany the form. The Registrar shall cause such search to be made and the person making the request to be informed of the result thereof.
Distribution of copies of Journal and other documents.- The Federal Government may direct the Registrar to distribute the Journal and any other 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 form time to time in the official Gazette.
Applications made to the Court to be served on the Registrar.- Every application to a High Court under the Act shall be served on the Registrar.
PART II
Rules to apply to Certification Trade Marks.- Subject to the provisions of this Part, the provisions of Part I and Part V of these rules shall apply to certification trade marks as they apply to trade marks.
Application for registration and proceedings relating thereto.- (1) An application for the registration of a certification trademark under sub-section (1) of section 53 shall be made to the Registrar on Form TM-4 and shall be accompanied by three duplications of the application and by six additional representations of the mark. The draft regulations to be forwarded with the application under the said sub-section (1) of section 53 shall be in triplicate and shall be accompanied by Form TM-49.
(2) References in Part I of these rules to the acceptance of an application for the registration of a trade mark, shall, in their application to a certification trade mark, be substituted by references to authorization to proceed with the application.
1940: Act-V STATUTORY RULES AND ORDERS 24
(Under section 84,-Revised Trade Marks Rules)
(3) An applicant for the registration of a certification trade mark shall not be deemed to have abandoned his application, if, in the circumstances of rule 24, he does not apply for a hearing or reply in writing.
(4) The address of an applicant to register a certification trademark shall be deemed to be a trade or business address is required by these rules.
Case accompanying application.- The applicant shall send to the Registrar with his application a case setting out the grounds on which he relies in support of his application. Such case shall be furnished in duplicate.
Opposition to registration of certification trade marks.- (1) the references to Forms TM-5, TM-6 and TM-7 in rules 30 to 39 shall in their application to proceedings on the opposition to the registration of certification trademarks under sub-section (2) of section 55, be substituted by reference to Form TM-8, TM-9 and TM-10 respectively.
(2) In any case of doubt with regard to the application of the provisions of rules 30 to 39 to proceedings on the opposition to the registration of a certification trademark any party may apply to the Registrar or the [Federal Government], as the case may be, for directions.
Rectification of certification trade mark entries.- An application on any of the grounds mentioned in sub-section (1) of section 59 shall be made on Form TM-43 and shall set forth full particulars of the grounds on which the application is made.
Alteration of regulations relating to certification trade marks.- An application by the registered proprietor of a certification trade mark under sub-section (2) of section 56 shall be made on Form TM-42 and where the [Federal Government] decides to advertise such application under sub-section (3) of section 56, the advertisement shall be made in the Journal.
Consent of [Federal Government] to assignment of transmission of certification trade mark.- An application for the consent of the [Federal Government] under sub-section (1) of section34 shall be made on Form TM-22.
1940: Act-V STATUTORY RULES AND ORDERS 25
(Under section 84,-Revised Trade Marks Rules)
PART III
CHAPTER I.---MISCELLANEOUS
Rules to apply to textile marks.- Subject to the provision of this Part, the provision of Part-I, Part II and Part V of these Rules shall apply to textile marks and certification trade marks in respect of textile goods as they apply to trade marks and certification trade marks in respect of non-textile goods.
Textile Marks.- The expression “textile mark” means a trademark or a certification trademark used or proposed to be used in relation to goods specified in rule 99 as “textile goods” for the purpose of Chapter IX of the Act.
Textile goods.- the classes of goods to which Chapter IX of the Act shall apply and which are in the Act and these rules referred to as textile goods shall be classes 22 to 27 (inclusive) of the Fourth Schedule to these rules.
Application to register word mark.- An application for the registration of trademark consisting exclusively of a word or words (not being an invented word or invented words) relating to textile goods shall be made on Form TM-51.
Application to register letters or numerals,- Subject to the provisions of rule 102, an application for the registration of a trademark consisting of letters or numerals or any combination thereof relating to textile goods shall be made on Form TM-52.
Items of textile goods.- A separate application for the registration of a trade mark shall be made in respect of each of the items of textile goods mentioned in the Fifth Schedule to these rules where the mark consists exclusively of letters or numerals or any combination thereof. Such application shall be made on Form TM-53.
Grouping of items of the Fifth Schedule.- For the purposes of applications for the registration of trade marks consisting exclusively of letters, numerals or any combination thereof made on Form TM-53, the items of the Fifth Schedule to these rules shall be grouped as follows; and goods falling in each group shall be deemed to be goods of the same description, and goods falling in different groups shall not be deemed to be goods of the same description.
1940: Act-V STATUTORY RULES AND ORDERS 26
(Under section 84,-Revised Trade Marks Rules)
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 |
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Group |
2-Items 2, 3, 14, 17, 18, 34, 35 and 47 |
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Group |
3-Items6,7,21,38 and 52 |
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Group |
4-Items 13,29,75,77 and 78 |
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Group |
5-Items 15,28,31,40,60,66,79,88,90 and 93 |
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Group |
6-Items 32,43,64 and 94 |
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Group |
7-Items 46,83 and 85 |
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Group |
8-Items 50,51,56,57,63,76,80,84,86,87 and 89 |
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Group |
9-Items 53 |
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Group |
10-Items 58,82 and 92 |
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Group |
11-Items 67,68,69,70 and 71 |
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Group |
12-Items 72 |
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Group |
13-Items 73 |
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Group |
14-Items 74 |
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Group |
15-Items 81 |
Entry in the Refused Textile Marks List.- Where the registration of a trademark in respect of ;textile goods has been refused, the applicant may file a request on Form TM-44 accompanied by the prescribed fee to enter the trademark in the Refused Textile Marks List and thereupon particulars in reference to that refused mark shall be entered in the list.
1940: Act-V STATUTORY RULES AND ORDERS 27
(Under section 84,-Revised Trade Marks Rules)
Continuance of mark in the Refused Textile Marks List.- A mark entered upon the Refused Textile Marks List in the manner aforesaid shall remain in that list for a period of seven years from the date of application to register, but it may be continued in the list beyond that period if the applicant for registration or his successor in business pays the prescribed continuance fee at the Trade Marks Registry on Form TM-45.
Notice to applicant.- (1) Before removing a mark from the Refused Textile Marks List for non-payment of the prescribed continuance fee the Registrar shall, at a date not more than six months but not less than three months prior to the date on which the removal of the mark would be due, give notice in writing that the mark will not be continued in the said list after a date to be specified in the notice unless the prescribed continuance fee is paid on or before the said date.
(2) The notice mentioned in the foregoing sub-rule shall be addressed to the applicant at the address appearing in the Refused Textile Marks List. In case such notice is returned by the postal authorities the Registrar may, but without being under any obligation to do so, discover the changed address of the applicant if he be still in business, or of his successor in business, with a view to bring the notice to his attention.
Amendment of the Refused Textile Marks List.- An application for amendment of an entry relating to the name, address or description of the proprietor of refused mark entered in the Refused Textile Marks List, shall be made on Form TM-16. If the Registrar is satisfied that it would be just and proper to allow the amendment he may accept the application in which case entry shall be amended accordingly.
Search.- Upon receipt of an application for the registration of a trademark or a certification trademark relating to textile goods, the Registrar shall cause a search to be made among the registered trademark and certification trademarks, the Refused Textile Marks List, and pending applications for registration, for the purpose of ascertaining whether there are on record in respect of the same goods or description of goods 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 he application.
1940: Act-V STATUTORY RULES AND ORDERS 28
(Under section 84,-Revised Trade Marks Rules)
Application for registration, additional representation.- Every application for the registration of a trademark (other than a trademark to which rule 100, 101 or 102 applies) relating to textile goods shall be made on Form TM-2 and shall be accompanied by six additional representations of the mark. The representations of the mark on the application and its duplicate and the additional representations shall correspond exactly with one another. 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.
Definition.- For the purposes of this chapter, unless there is anything repugnant in the subject or context,-
“balanced numeral” means a trademark consisting of either identical numerals or identical letters of not less than three nor more than seven digits;
“digit” includes a single letter;
“letter fraction” means a fraction containing one or more letters.
Non-registrability of certain marks.- In respect of textile goods the following marks shall not be capable of registration, namely:-
any numeral of one digit or of more than six digits not being a balanced numeral;
a single letter or any combination of letters or more than six letters not being a balanced numeral;
any combination of numerals and letters of more than eight digits;
any fraction or letter fraction consisting of more than eight digits together;
any fraction or letter fraction having less than three digits together;
1940: Act-V STATUTORY RULES AND ORDERS 29
(Under section 84,-Revised Trade Marks Rules)
any combination of numerals and fractions of more than six digits;
any combination of numerals, letters, fractions and letter fractions either having more than eight digits or ending with a fraction of more than one digit in the numerator or in the denominator;
numerals or letters representing cloth dimensions;
a balanced numeral which does not consist of at least two more or two less digits than a balanced numeral of the same series already registered in the name of a different person in respect of the same goods or description of goods.
Marks likely to deceive or to cause confusion.- (1) A trademark consisting of numerals, letters, fractions, letter fractions, or any combination thereof, and not being a balanced numeral, shall not be capable of being registered as a textile mark if it does not differ from a trademark registered in the name of a different person in respect of the same goods or description of goods:-
in the case of numeral not exceeding four digits, in at least one corresponding digit;
in the case of numeral of five digits, in at least two corresponding digits;
in the case of numeral of six digits, in at least three corresponding digits;
in the case of a combination of two letters, in at least one corresponding letter;
in the case of combination of three or four letters, in at least two corresponding letters;
in the case of a combination of five or six letters, in at least three corresponding letters;
in the case of mark consisting of one letter and one numeral digit, in at least one of them;
1940: Act-V STATUTORY RULES AND ORDERS 30
(Under section 84,-Revised Trade Marks Rules)
in the case of mark consisting of one letter and two or three numeral digits, in at least one corresponding numeral digit;
in the case of mark consisting of one letter and four or more numeral digits, in at least two corresponding digits;
in the case of a mark consisting of two or more letters and one or more numeral digits, in at least one corresponding letter and one corresponding numeral digit;
in the case of a fraction or letter fraction or any combination thereof in which the total number of digits in the numerator and denominator is three or four, in at least one corresponding digit from either the numerator or the denominator;
in the case of a fraction or letter fraction or any combination thereof in which the total number of digits in the numerator and denominator is five or more, in at least one corresponding digit in the numerator and one corresponding digit in the denominator or two corresponding digits in either the numerator or the denominator;
in the case of a combination consisting of a numeral and a fraction in at least one corresponding numeral digit;
in the case of a combination of letters, numerals, and fractions (including letter fractions):-
where the total number of digits excluding the fraction is not more than three, in at least one corresponding digit;
where the total number of digits, excluding the fraction, is four or more, in at least two corresponding digits.
(2) Nothing in sub-rule (1) shall be construed to signify that where a trademark does not come within the scope of any case specified in the said sub-rule, the mark shall necessarily be regarded as not being likely to deceive or to cause confusion.
1940: Act-V STATUTORY RULES AND ORDERS 31
(Under section 84,-Revised Trade Marks Rules)
Exception in the case of ‘old’ marks.- In the case of a trademark consisting of letters, numerals or any combination thereof which in respect of the same goods as those in relation to which registration is applied for, has been continuously used (either by the applicant for registration or by some predecessor in his business, and either in this original form or with additions or alterations not substantially affecting its identity) during the period from a date prior to the 25th day of February, 1937, to the date of application for registration, the Registrar shall not refuse registration by reason only of the fact that the trademark does not satisfy the conditions and restrictions laid down in clause (i) of rule 111 or in rule 112 and may register such mark on evidence of user.
Constitution.- (1) For the purpose of section 66, an Advisory committee shall be constituted consisting of members appointed by the Federal Government on the recommendation of the Associations specified in the Seventh Schedule to these rules.
(2) The number of recommendations which the Associations will be entitled to make shall be those specified in the said Schedule:
Provided that if within the period allowed by the Federal Government for this purpose any of the said Associations 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 usage of the textile trade as members of the Committee.
Tenure of office of members.- The tenure of office of each member shall be two years, but a retiring member shall be eligible for re-appointment 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.
1940: Act-V STATUTORY RULES AND ORDERS 32
(Under section 84,-Revised Trade Marks Rules)
Substitution of members.- Whenever any member of the Advisory Committee 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 provision of rule 114.
Co-option of members.- Whenever it is considered expedient so to do, the Committee may co-option 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.
Meeting.- (1) The Advisory Committee shall elect two of its members as Chairman and Vice-Chairman respectively. When the Chairman or Vice-Chairman cease to hold office, the vacancy shall be filled by re-election at the next meeting of the Advisory Committee.
(2) The Advisory Committee shall also appoint a Secretary and deposit the name and address of the Secretary at the Trade Marks Registry.
(3) The meetings of the Advisory Committee shall be convened by the Chairman at such time and place as he thinks fit.
Manner of consultation.- Any question which the Advisory Committee is required to consider and advise upon may be referred for decision to the members of the Advisory Committee either at its meetings or by circulation of the papers:
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 the next meeting of the Committee.
Facts of a case for advice.- The Registrar shall send in writing to the Advisory Committee the facts relating to the case in which their advice is sought.
Time-limit for giving advice.- The advice sought by Registrar from the Advisory Committee shall be given by the Committee in writing within 21 days from the date of the receipt of the letter seeking advice, but the registrar may extend the time at the request of the Advisory Committee.
1940: Act-V STATUTORY RULES AND ORDERS 33
(Under section 84,-Revised Trade Marks Rules)
Further information.- Where for the purpose of giving advice sought by the Registrar, the Committee requires further information, the Secretary may write to the Registrar and the required information shall be given by the Registrar in writing.
Presiding at meetings.- The Chairman shall preside at every meeting at which he is present, and if he is absent, the Vice-Chairman shall preside over the meeting. In the absence of the Chairman and the Vice-Chairman, the members present shall elect one of their members to preside over the meeting.
Decision by voting.- Whenever the members of the Committee are divided in their opinion on any point at issue, the question shall be decided by a majority of the votes, and the voting shall be by show of hands. The Chairman may vote, and in the case of an equality of votes, shall have a casting vote.
Record of meetings.- The secretary shall maintain a record of all business transacted by the Advisory Committee. The Registrar shall be entitled to call for copies certified to be true by the Secretary of the record of the business transacted at any meeting.
Definitions.- In this Part, unless there is anything repugnant in the subject or context:-
“Agents’ Register” means the Register of Trade Marks Agents kept under rule 127 of these rules;
“Graduate” means of gradate of University established by law in Pakistan, any foreign University recognized by the Federal Government.
“Registered Agent” means a Trade Marks Agent whose name is actually on the Agents’ Register.
Register of Trade Marks Agents.- The Federal Government shall maintain a Register of Trade Marks Agents wherein shall be entered the name, the address, the business address, the qualifications and the date of registration of every registered agent.
1940: Act-V STATUTORY RULES AND ORDERS 34
(Under section 84,-Revised Trade Marks Rules)
Eligibility for registration.- (1) No person shall be eligible for registration as a Trade Marks Agent unless he is resident in Pakistan and has been considered by the Federal Government to be a fit person to become a registered agent.
(2) A person shall not be qualified for registration as a Trade Marks Agent unless he is a citizen of Pakistan and-
is at least a graduate from a recognized University with at least one year’s experience of working with a Registered Trade Marks Agent or an advocate practicing before the Trade Marks Registry; or
has been an officer of Grade 16 or above in the Trade Marks Registry for a period of not less than 10 years:
Provided that no such person shall be entitled to registration for a period of three years from the date of retirement or termination of service:
Provided further that no such person shall be entitled to registration if he has been dismissed or removed from service;
Persons debarred from registration.- A person shall not be eligible for registration as a Trade Marks Agent if he-
has been adjudged by a competent court to be of unsound mind;
is an un-discharged insolvent;
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;
has been convicted by a competent court, whether within or without Pakistan of an offence punishable with transportation or imprisonment, unless the offence of which he has been convicted has been pardoned or unless on an application made by him, the Federal Government has, by order in this behalf, removed the disability; or
is considered by the Federal Government not to be a fit and proper person to become a registered agent by reason of any act of negligence, misconduct or dishonesty committed in his professional capacity.
1940: Act-V STATUTORY RULES AND ORDERS 35
(Under section 84,-Revised Trade Marks Rules)
Manner of making application.- All applications under the provisions of this Part, shall be sent to, or left at, the Trade Marks Registry, and shall be made in duplicate.
Applications for registration as a Trade Marks Agent.- (1) Every person desiring to be registered as a Trade Marks Agent shall make an application on Form TMA-1.
(2) The applicant shall furnish such further information bearing on his application as may be required of him at any time by the Federal Government or the Registrar.
Procedure on application.- On receipt of an application for the registration of a person as a Trade Marks Agent, the Registrar shall examine the application and obtain such other information or evidence as he may consider necessary for determining the eligibility of the applicant for registration as a Trade Marks Agent and, thereafter, shall forward to the Federal Government the application and other relevant papers along with his recommendation thereon.
Certificate of registration.- If the Federal Government considers an applicant eligible for registration as a Trade Marks Agent, it 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 Marks Agent. On receipt of the prescribed fees, the Registrar shall send an intimation thereof to the Federal Government and the Federal Government shall thereupon cause the applicant’s name to be entered in the Agents’ Register, and shall issue to him a certificate on from O-4 of registration as a Trade Marks Agent.
Continuance of a name in the Agent’ Register.- The continuance of a person’s name in the Agents; Register shall be subject to his payment of the fees prescribed in that behalf.
Removal of agent’s name from Agents’ Register.-(1) The Federal Government may remove permanently or temporarily form the Agents Register The name of any registered agent-
from whom a request has been received to that effect; or
1940: Act-V STATUTORY RULES AND ORDERS 36
(Under section 84,-Revised Trade Marks Rules)
from whom the annual fee has not been received on the expiry of three months from the date on which it became due ; or
who is found to have been subject at the time of his registration or three after has become subject, to any of the disabilities stated ion clauses (i), (ii), (iii) and (iv) of rule 129 ; or
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, misconduct or dishonesty committed in his professional capacity ;
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 enquiry, if any, as it may consider necessary.
(2) The Federal Government shall remove form the Agents’ Register the name of any registered agent who is dead.
(3) The removal of the name of any person from the Agents’ Register shall be notified, in the official Gazette and in the Journal and Shall, wherever possible, be communicated to the person concerned.
Restoration of removed names.- (1) The Federal Government may, on an application on Form TMA-2 from a person whose name has been temporarily removed under sub-rule (1) of rule 135, restore his name to the Agents’ Register.
(2) The restoration of a name to the Agents’ Register shall be notified in the official Gazette and in the Journal, and shall whenever possible be communicated to the person concerned.
Alteration in the Agents Register.- (1) A registered agent may apply on Form TMA-3 for alteration of his name, address, business address or qualifications entered in the Agents’ Register. On receipt of such application and the fee prescribed in that behalf, the Federal Government shall cause the necessary alteration to be made in the Agents’ Register.
(2) Every alteration made in the Agents’ Register shall be notified in the Official Gazette and in the Journal.
1940: Act-V STATUTORY RULES AND ORDERS 37
(Under section 84,-Revised Trade Marks Rules)
Publication of The Agent’ Register.- The Agents’ Register shall be published form time to time, as the Federal Government may deem fit, the entries being arranged in the alphabetical order of the surname of the registered agents and copies thereof shall be placed on sale.
PART-V
Establishment and administration of the Branch.- (1) The Federal Government may establish a Branch Registry at any place in the territory to which the Act 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 the Registrar have been delegated by the Registrar, and shall act under the control and superintendence of the Registrar.
Applications etc.- All applications, notices, statement or other documents, or any fees therefore, authorized or required by the Act or these rules to be made, left or sent or paid to the Trade Marks Registry may be made, left or sent or paid to the Branch Registry and shall, thereupon, have effect as if they were duly made, left or sent or paid to the Trade Marks Registry.
Inspection of copy of Register, etc.- A copy of the Register and of the Refused Textile Marks List shall be available for inspection on payment of the prescribed fee, at such times on all days on which the Branch Registry is not closed to the public, as may be fixed by the Registrar.
Hearing at the Branch Registry.- (1) Where an application for the registration of a trademark has been made at the Branch Registry the application shall in the event of a hearing becoming necessary, and if the applicant so desires, be heard at the Branch Registry:
Provided that in the event of the Registrar having to deal with more than one application at one hearing it shall be in the discretion of the Registrar to direct the hearing of the application at Karachi or at the Branch Registry.
(2) Where the hearing has taken place at the Branch Registry, the decision in respect thereof shall be pronounced at the Branch Registry.
1940: Act-V STATUTORY RULES AND ORDERS 38
(Under section 84,-Revised Trade Marks Rules)
Repeal and savings.- (1) The Trade Marks Rules, 1942 are hereby repealed.
(2) Anything done, any action taken, any proceeding commenced or any order made under or in pursuance of the Trade Marks Rules, 1942, shall be deemed to have been done, taken, commenced or made under or in pursuance of these rules.
|
No. of entry |
On what payable |
Amount |
Corres-ponding Form No. |
|
1 |
2 |
3 |
4 |
|
|
|
Rs. |
|
|
1 |
On application not otherwise charged to register a trademark for a specification of goods included in one class (section14). |
100 |
TM-1 or TM-2 |
|
|
|
|
|
|
2 |
On application to register a series of trademark under section 11 for a specification of goods included in one class. |
100 |
TM-1 or TM-2 |
|
|
|
|
|
|
3 |
On application to register a defensive trademark under section 38 for a specification of goods included in one class. |
100 |
TM-3 |
|
|
|
|
|
|
4 |
On application under section 53 to register a certification trademark for a specification of goods included in one class. |
100 |
TM-4 |
|
|
|
|
|
|
5 |
On application made at the same time under section 53 to register one certification trademark for specification of goods not all included in the class in respect of every class (Total fee in no case to exceed Rs.900) |
100 |
TM-4 |
|
|
|
|
|
|
6 |
On application to register a textile mark, other than a certification, consisting of numerals or letters or any combination thereof in one class for specification of goods not included in any of the items of the Fifth Schedule. |
100 |
TM-52 |
1940: Act-V STATUTORY RULES AND ORDERS 39
(Under section 84,-Revised Trade Marks Rules)
|
1 |
2 |
3 |
4 |
|
|
|
|
|
|
7 |
One application to register a textile mark, other than a certification trademark, consisting exclusively of a word or words (not being an invented word or invented words) in one class. |
100 |
TM-5 |
|
|
|
|
|
|
8 |
On application to register a textile mark, other than a certification trademark, consisting exclusively of numerals or letters or any combination thereof for specification of goods included in one item under rule 102. (Total fee on any number of such application made at the same item by the same person and relating to one and the same trademark, in respect of the different items under rule 102 not to exceed Rs.300). |
100 |
TM-53 |
|
|
|
|
|
|
9 |
On a request under section 14(2) to state grounds of decision. |
40 |
TM-15 |
|
|
|
|
|
|
10 |
On notice of opposition under section 15(2) for each application opposed. |
100 |
TM-5 |
|
|
|
|
|
|
11 |
On a counter-statement in answer to a notice of opposition under section 15, for each application opposed; or in answer to an application under any of the sections 37, 38 and 46 in respect of each trademark; or in answer to a notice of opposition under section 48 or rule 75, for each application or conversion opposed. |
50 |
TM-6 |
|
|
|
|
|
|
12 |
On notice of intention to attend hearing under any of the sections 15, 37, 38, 46 and 48 or under rule 75 by each party to the proceeding concerned. |
30 |
TM-7 |
|
|
|
|
|
|
13 |
On notice of opposition before the Federal Government under section 55(2) for each application opposed. |
50 |
TM-8 |
1940: Act-V STATUTORY RULES AND ORDERS 40
(Under section 84,-Revised Trade Marks Rules)
|
1 |
2 |
3 |
4 |
|
|
|
|
|
|
14 |
On a counter-statement in answer to a notice of opposition before the Federal Government under section 55(2), for each application opposed. |
25 |
TM-9 |
|
|
|
|
|
|
15 |
On notice of intention to attend hearing of each opposition before the Federal Government under section 55(2) by applicant and by opponent respectively. |
30 |
TM-10 |
|
|
|
|
|
|
16 |
For one registration of a trademark not otherwise charged, in respect of an application for a specification of goods included in one class. |
300 |
TM-11 |
|
|
|
|
|
|
17 |
For one registration of a series of trademark under section 11(3) in respect of any application for a specification of goods included in one class-
For the first mark
For every additional mark of the series |
300
5 |
TM-11 |
|
|
|
|
|
|
18 |
For one registration of a textile mark, other than a certification trademark, consisting of numerals or any combination thereof, in respect of an, application for specification of goods not included in any of the items of the Fifth Schedule. |
300 |
TM-11 |
|
|
|
|
|
|
19 |
For one registration of a textile trademark, other than a certification trademark, consisting exclusively of a word or words (not being an invented word or invented words) in respect of an application for specification of goods included in one class. |
300 |
TM-11 |
|
|
|
|
|
|
20 |
For one registration of a textile mark, other than a certification trademark, consisting of letters or numerals or any combination thereof, in respect of an application for specification of goods included in one item under rule 102. |
300 |
TM-11 |
1940: Act-V STATUTORY RULES AND ORDERS 41
(Under section 84,-Revised Trade Marks Rules)
|
1 |
2 |
3 |
4 |
|
|
|
|
|
|
21 |
For registration under section 53 of a certification trademark, in respect of an application for a specification of goods included in one class. |
300 |
TM-11 |
|
|
|
|
|
|
22 |
For registration upon applications made at the same time of one certification trademark, under section 53, for specification of goods not all included in one class (Total fee in no case to exceed Rs.1,680.00) |
300 |
TM-11 |
|
|
|
|
|
|
23 |
For one registration of a defensive trademark under section 38, in respect of an application for specification of ;goods included in one class. |
300 |
TM-11 |
|
|
|
|
|
|
24 |
For each addition to the registered entry of a trademark of a note that the mark is associated with a newly registered mark. |
5 |
TM-11 |
|
|
|
|
|
|
25 |
On application under section 12(4) to dissolve the association between registered trademark |
30 |
TM-14 |
|
|
|
|
|
|
26 |
For renewal under section 18 of the registration of a trademark at the expiration of the last registration, not otherwise charged. |
500 |
TM-12 |
|
|
|
|
|
|
27 |
For renewal under section 18 of the registration of a textile trademark, other than a certification trademark, consisting of letters or numerals or any combination thereof for specification of goods included in one item under rule 102 at the expiration of the last registration. |
500 |
TM-12 |
|
|
|
|
|
|
28 |
For renewal under section 18 of registration of a series of trademark at the expiration of the last registration-
For the first mark of the series
For every additional mark of the series |
500
10 |
TM-12 |
1940: Act-V STATUTORY RULES AND ORDERS 42
(Under section 84,-Revised Trade Marks Rules)
|
1 |
2 |
3 |
4 | |||
|
|
|
|
| |||
|
29 |
For the renewal under section 18 of registration of the same certification trademark with the same date for goods in more than one class in respect of every class (Total fee in no case to exceed Rs.600) |
500 |
TM-12 | |||
|
|
|
|
| |||
|
30 |
Additional fee under rule 48 for late payment of renewal fee. |
25 |
TM-12 | |||
|
|
|
|
| |||
|
31 |
One request for restoration under rule 49 of a trademark removed from the register. |
50 |
TM-13 | |||
|
|
|
plus renewal fee as prescribed in any of the entries from 26 to 29 |
| |||
|
|
|
|
| |||
|
32 |
One application for certificate of the Registrar under section 31(2)-
For the first mark proposed to be assigned
For every additional mark of the same proprietor included in that assignment. |
30
5 |
TM-17 | |||
|
|
|
|
| |||
|
33 |
On application for approval of the Registrar under section 32-
For the first mark
For every additional mark of the same proprietor included in the same transfer. |
30
5 |
TM-19 | |||
|
|
|
|
| |||
|
34 |
On application under section 33 for directions of the Registrar for advertisement of assignment of trademark in use, without goodwill-
For the first mark assigned
For every additional mark assigned with same devolution of title. |
20
5 |
TM-20 | |||
1940: Act-V STATUTORY RULES AND ORDERS 43
(Under section 84,-Revised Trade Marks Rules)
|
1 |
2 |
3 |
4 | |
|
|
|
|
| |
|
35 |
On application for extension of time for applying for directions under section 33 for advertisement of assignment of trademark in use, without goodwill, in respect of one devolution of title-
Not exceeding one month
Not exceeding two month
Not exceeding three month |
20
40
60 |
TM-21 | |
|
|
|
|
| |
|
36 |
On application under section 34(1) for consent of the Federal Government to the assignment or transmission of a certification trademark. |
20 |
TM-22 | |
|
|
|
|
| |
|
37 |
On application under section 35 to register a subsequent proprietor in a case of assignment or transmission of a single trademark-
If made within six months from the date of acquisition of proprietorship
If made after expiration of six months from the date of acquisition of proprietorship |
200
250 |
TM-23 or TM-24 | |
|
|
|
|
| |
|
38 |
On application under section 35 to register/ subsequent proprietor of more than one trademark registered in the same name, the devolution of title being the same in each case-
If made within six months from the date of acquisition of proprietorship- |
|
| |
1940: Act-V STATUTORY RULES AND ORDERS 44
(Under section 84,-Revised Trade Marks Rules)
|
1 |
2 |
3 |
4 | |
|
|
|
|
| |
|
|
For the first mark
For every additional mark
If made after expiration of six months from the date of acquisition of proprietorship-
For the first mark
For every additional mark |
200
50
250
50 |
TM-23 or TM-24 | |
|
|
|
|
| |
|
39 |
On application under section 36(3) for extension of time for registering a company as subsequent proprietor of trademark on one assignment-
Not exceeding two months
Not exceeding four months
Not exceeding six months |
20
40
60 |
TM-25 | |
|
|
|
|
| |
|
40 |
On application under any of the sections 37, 38 and 46 for rectification of the register or removal of trademark from the register |
75 |
TM-26 | |
|
|
|
|
| |
|
41 |
On application under rule 67 for leave to intervene in proceedings under any of the sections 37, 38 and 46 for rectification of the register or removal of trademark from the register. |
50 |
TM-27 | |
|
|
|
|
| |
|
42 |
On application under section 41 to register a registered user of a registered trademark in respect of goods within the specification thereof. |
100 |
TM-28 | |
|
|
|
|
| |
|
43 |
On application under section 41 to register the same registered user of more than one registered trademark of the same registered proprietor in respect of goods within the respective specifications thereof and subject to the same conditions and restrictions in each case- |
|
| |
1940: Act-V STATUTORY RULES AND ORDERS 45
(Under section 84,-Revised Trade Marks Rules)
|
1 |
2 |
3 |
4 |
|
|
|
|
|
|
|
For the first mark
For every additional mark of the proprietor included in the application and statement of case. |
100
25 |
TM-28 |
|
|
|
|
|
|
44 |
On application under clause (a) of section 42 to vary the entry of a registered user-
For the first mark
For every additional mark of the same proprietor for which the same registered user is registered, included in the application. |
50
5 |
TM-29 |
|
|
|
|
|
|
45 |
On application under clause (b) of section 42 for cancellation of the entry of a registered user-
For the first mark
For every additional mark of the same proprietor for which the same registered user is registered, included in the application. |
50
5 |
TM-30 |
|
|
|
|
|
|
46 |
On application under clause(c) of section 42 to cancel the entry of a registered user-
For the first mark
For every additional mark of the same proprietor for which the same registered user in registered, included in the application. |
50
5 |
TM-31
TM-31 |
|
|
|
|
|
|
47 |
On notice under rule 63 of intention to intervene in one proceeding for the variation or cancellation of entries of a registered user of trademark. |
25 |
TM-32 |
1940: Act-V STATUTORY RULES AND ORDERS 46
(Under section 84,-Revised Trade Marks Rules)
|
1 |
2 |
3 |
4 |
|
|
|
|
|
|
48 |
On application under section 47 to change the name or description of a proprietor or registered user where there has been no change in the proprietorship or in the identity of the registered user-
For the first mark
For every additional mark registered in the same name and included in the application. |
50
10 |
TM-33 |
|
|
|
|
|
|
49 |
On application under section 47 to alter one or more entries of the trade or business address of a registered proprietor or a registered user of a trademark where the address in each case is the same and is altered in the same way (unless exempted from fee under rule 68)-
For the first entry
And for every other entry |
20
10 |
TM-34 |
|
|
|
|
|
|
50 |
On application to cancel or make one or more entries of an address for service of a registered proprietor or a registered user of a trademark where the address in each case in the same on application made after the registration in each case.
For the first entry
For every additional entry included in the application. |
15
5 |
TM-50 |
|
|
|
|
|
|
51 |
On application to alter one or more entries of an address for service in the register included in one application for alteration, where the address and the alteration in each case are the same- |
|
|
1940: Act-V STATUTORY RULES AND ORDERS 47
(Under section 84,-Revised Trade Marks Rules)
|
1 |
2 |
3 |
4 |
|
|
|
|
|
|
|
For the first entry
For every additional entry (Total fee in no case to exceed Rs.250 for any number of entries). |
15
5 |
TM-50 |
|
|
|
|
|
|
52 |
On application under clause (c), (d) or (e) of section 47(1) for canceling the entry or part of the entry of a trademark or for entry of disclaimer or memorandum upon the register. |
25 |
TM-35 or TM-36 or TM-37 |
|
|
|
|
|
|
53 |
On application under section 48 for leave to add to or alter a Registered trademark-
For the first registration
For each additional registration |
100
50 |
TM—38 |
|
|
|
|
|
|
54 |
On notice of opposition under section 48(2) to an application for leave to add to or alter registered trademark, for each application opposed. |
50 |
TM-39 |
|
|
|
|
|
|
55 |
On application under section 49 for conversion of specification. |
15 |
TM-40 |
|
|
|
|
|
|
56 |
On notice of opposition under section 49(2) to a conversion of the specification or specifications of a registered trademark or registered trademark
For the first mark
For every additional mark of the same proprietor having same specifications. |
50
5 |
TM-41 |
|
|
|
|
|
|
57 |
On application under section 56 for alteration of the deposited regulations of a certification trademark- |
|
|
1940: Act-V STATUTORY RULES AND ORDERS 48
(Under section 84,-Revised Trade Marks Rules)
|
1 |
2 |
3 |
4 |
|
|
|
|
|
|
|
For the regulations of one registration
For the same or substantially same regulations of each additional registration proposed to be altered in the same way and included in the same application. |
30
5 |
TM-42 |
|
|
|
|
|
|
58 |
On application to the Federal Government under section 59 expunge are vary the registration of a certification trademark or to vary the deposited regulations of a certification trademark or certification trademarks of the same registered proprietor where the regulations are substantially the same. |
60 |
TM-43 |
|
|
|
|
|
|
59 |
On request for search under rule 87-
For search in classes 3,5,,23,24 and 34
For search in other classes |
50
50 |
TM-54 |
|
|
|
|
|
|
60 |
On request under rule 103 for entering marks in a Refused Textile Marks List-
For each mark in each class |
10 |
TM-44 |
|
|
|
|
|
|
61 |
For the continuance of a mark in a Refused Textile Marks List under rule 104, in each class or in each item of the Fifth Schedule, as the case may be, for each period of fifteen years-
Before the expiry of 7 years from the date of application to register the mark.
Before the expiry of the period up to which continuance of the mark in the list was last allowed. |
25
25 |
TM-45 |
|
|
|
|
|
|
62 |
On request for certificate of the Registrar under any of the sections 20(1) and 75 [other than certificate under section 16(2).] |
40 |
TM-46 |
1940: Act-V STATUTORY RULES AND ORDERS 49
(Under section 84,-Revised Trade Marks Rules)
|
1 |
2 |
3 |
4 |
|
|
|
|
|
|
63 |
On request for certificate of the Registrar [other than certificate under section 16(2) of the registration of a series of trademark under section 11]. |
40 |
TM-46 |
|
|
|
|
|
|
64 |
On request to enter in the register and advertise a certificate of validity, under rule 85-
For the first registration certified
For every additional registration certified in the same certificate. |
30
5 |
TM-47 |
|
|
|
|
|
|
65 |
On request not otherwise charged, for correction of clerical error or for permission to amend application. |
50 |
TM-16 |
|
|
|
|
|
|
66 |
On application for extension of time under any of the rules 24(2) and 76. |
30 |
TM-55 |
|
|
|
|
|
|
67 |
On application for restoration of a trademark abandoned for non-compliance of the requirements of the Registry. See section 16(3) and rule 24(2). |
30 |
TM-56 |
|
|
|
|
|
|
68 |
On petitions (not otherwise charged) for review of Registrar’s order or for obtaining Registrar’s order on any interlocutory matter in contested proceeding. |
50 |
|
|
|
|
|
|
|
69 |
For inspecting register or the Refused Textile Marks List or copies thereof or notice of opposition, counter-statement or decision in connection with any opposition or application rectification of the register relating to any particular trademark, 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. |
4 |
|
1940: Act-V STATUTORY RULES AND ORDERS 50
(Under section 84,-Revised Trade Marks Rules)
|
1 |
2 |
3 |
4 | ||
|
|
|
|
| ||
|
70 |
For permission to search amongst the classified representations of trademarks, for every quarter of an hour. |
4 |
| ||
|
|
|
|
| ||
|
71 |
For office copy of document |
0.50 |
| ||
|
|
|
For every hundred words, subject to minimum of Rs.10 |
| ||
|
|
|
|
| ||
|
72 |
For photographic copy of documents |
Cost according to agreement | |||
|
|
|
|
| ||
|
74 |
On application for registration as a trademarks agent under rule 131 |
50 |
TMA-1 | ||
|
|
|
|
| ||
|
75 |
For registration of a person as a trademarks agent under rule 133 |
100 |
| ||
|
|
|
|
| ||
|
76 |
For continuance of the name of a person in the register under rule 134-
(i) For every year (excluding the first year) to be paid on the 1st of July and 31st of December.
(ii) for the first year, to be paid alongwith the fee for registration- |
500
50 |
| ||
|
|
In the case of a person registered at any time between the 1st of July and 31st of December. |
30 |
| ||
1940: Act-V STATUTORY RULES AND ORDERS 51
(Under section 84,-Revised Trade Marks Rules)
|
1 |
2 |
3 |
4 |
|
|
|
|
|
|
|
In the case of a person registered at any time between the 1st of January and 30th of June following. |
20 |
|
N.B.- A year for this purpose will commence on the 1st day of July and end on the 30th day of June following.
|
77 |
On application for restoration of the name of a person to the Agents Register under rule 136. |
30 |
TMA-2 |
|
|
|
|
|
|
78 |
On application for an alteration of any entry in the Agents Register under rule 137. |
10 |
TMA-3 |
(See rule 4)
|
Form No. |
Section of the Act |
Title |
Entry number of First Schedule |
|
1 |
2 |
3 |
4 |
|
|
|
|
|
|
TM-1 |
14 |
Application for Registration of trademark (other than a textile mark or a defensive trademark) |
1 and 2 |
|
|
|
|
|
|
TM-2 |
.. |
Application for registration of trademark in respect of textile goods |
1 and 2 |
|
|
|
|
|
|
TM-3 |
38 |
Application for Registration of an Invented Word (or Words) as a Defensive Trademark. |
3 |
1940: Act-V STATUTORY RULES AND ORDERS 52
(Under section 84,-Revised Trade Marks Rules)
|
1 |
2 |
3 |
4 |
|
|
|
|
|
|
TM-4 |
53 |
Application for Registration of Certification trademark. |
4 and 5 |
|
|
|
|
|
|
TM-5 |
15(2) |
Notice of Opposition to Application for Registration of A Trade Mark. |
10 |
|
|
|
|
|
|
TM-6 |
15, 37, 38, 46 & 48 and rule 75. |
Form of Counter-Statement .. .. |
11 |
|
|
|
|
|
|
TM-7 |
15, 37, 38, 46 & 48 and rule 75 |
Notice of intention to attend hearings .. |
12 |
|
|
|
|
|
|
TM-8 |
55 (2) |
Notice to the Federal Government of Opposition to an application for registration of a Certification Trade Mark. |
13 |
|
|
|
|
|
|
TM-09 |
55 |
Form of Counter-Statement in reply to Notice to the Federal Government of Opposition to an Application for Registration of A Certification Trade Mark. |
14 |
|
|
|
|
|
|
TM-10 |
55(2) |
Notice of intention to attend hearing by the Federal Government of an Opposition to an Application for Registration of a Certification Trade Mark. |
15 |
|
|
|
|
|
|
TM-11 |
16 |
Fee for Registration of a Trade Mark .. |
15 |
|
|
|
|
|
|
TM-12 |
18 |
Renewal of Registration of Trade Mark. |
26 to 30 |
|
|
|
|
|
|
TM-13 |
18(3) |
Restoration of Trade Mark removed form register for non-payment of Renewal Fee. |
31 |
1940: Act-V STATUTORY RULES AND ORDERS 53
(Under section 84,-Revised Trade Marks Rules)
|
1 |
2 |
3 |
4 |
|
|
|
|
|
|
TM-14 |
12(4) |
Application to dissolve the Association between Registered Trade Marks. |
25 |
|
|
|
|
|
|
TM-15 |
14(2) |
Request for statement of Grounds of Decision. |
9 |
|
|
|
|
|
|
TM-16 |
14(3) |
Request for correction of Clerical Error, or for permission to amend Application. |
65 |
|
|
|
|
|
|
TM-17 |
31(2) |
Application for the Certificate of the Registrar with regard to a proposed Assignment of a Registered Trade Mark. |
32 |
|
|
|
|
|
|
TM-18 |
31(2) |
Affidavit in support of Statement of case. |
-- |
|
|
|
|
|
|
TM-19 |
32 |
Application for the Approval by the Registrar of a proposed assignment, or of a transmission of a Trade Mark resulting in exclusive rights in different persons for different parts of Pakistan |
33 |
|
|
|
|
|
|
TM-20 |
33 |
Application for Directions for the Advertisement of an Assignment of Trade Marks otherwise than in connection with the goodwill of the business. |
34 |
|
|
|
|
|
|
TM-21 |
33 |
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. |
35 |
|
|
|
|
|
|
TM-22 |
34(1) |
Application for consent of the Federal Government to the assignment of transmission of a Certification Trade Mark. |
36 |
1940: Act-V STATUTORY RULES AND ORDERS 54
(Under section 84,-Revised Trade Marks Rules)
|
1 |
2 |
3 |
4 |
|
|
|
|
|
|
TM-23 |
35 |
Joint request by registered Proprietor and Transferee to register the Transferee as subsequent proprietor of Trade Marks upon the same devolution of title. |
37, 38 |
|
|
|
|
|
|
TM-24 |
35 |
Request to register a subsequent Proprietor of a Trade Mark or Trade Marks upon the same devolution of title. |
37, 38 |
|
|
|
|
|
|
TM-25 |
36(3) |
Application for Extension of time for the registration of the name of a Company as subsequent proprietor of a Trade Mark in the Register. |
39 |
|
|
|
|
|
|
TM-26 |
37, 38 or 46 |
Application for the Rectification of the Register or the Removal of a Trade Mark from the Register. |
40 |
|
|
|
|
|
|
TM-27 |
(rule67) |
Application for leave to intervene in Proceedings relating to the rectification of the Register or the Removal of a Trade Mark from the Register. |
41 |
|
|
|
|
|
|
TM-28 |
41(1) |
Application for Registration of Registered User. |
42, 43 |
|
|
|
|
|
|
TM-29 |
42(a) |
Application by the Registered Proprietor of a Trade Mark for variation of the registration of a Registered User thereof with regard to the goods or the conditions or restrictions. |
44 |
|
|
|
|
|
|
TM-30 |
42(a) |
Application by the Registered Proprietor of a Trade Mark or by any of the Registered Users of the Trade Marks for the Cancellation of entry of a Registered User thereof. |
45 |
|
|
|
|
|
1940: Act-V STATUTORY RULES AND ORDERS 55
(Under section 84,-Revised Trade Marks Rules)
|
1 |
2 |
3 |
4 |
|
|
|
|
|
|
TM-31 |
42(b) |
Application for cancellation of entry of a Registered User of a Trade Mark. |
46 |
|
|
|
|
|
|
TM-32 |
(rule 63) |
Notice of intention to intervene in proceedings for the variation or cancellation of an entry of a Registered User of a Trade Mark. |
47 |
|
|
|
|
|
|
TM-33 |
47 |
Request to enter Change of Name or Description of Proprietor (or Registered User) of Trade Marks upon the Register. |
48 |
|
|
|
|
|
|
TM-34 |
47 |
Request for Alteration of Trade or Business address in Register of Trade Marks. |
49 |
|
|
|
|
|
|
TM-35 |
47(1)( c) |
Application by Registered Proprietor of Trade Mark for the Cancellation of entry thereof in Register. |
52 |
|
|
|
|
|
|
TM-36 |
47(1)(b) |
Application by Registered Proprietor of Trade Mark to strike out Goods from those for which the Trade Mark is registered. |
52 |
|
|
|
|
|
|
TM-37 |
47(1)(e) |
Request by Registered Proprietor of a Trade Mark that a Disclaimer or Memorandum relating thereto may be registered. |
52 |
|
|
|
|
|
|
TM-38 |
48 |
Application by Register Proprietor for addition to or alteration of a Registered Trade Mark. |
53 |
|
|
|
|
|
|
TM-39 |
48 |
Notice of Opposition to Application for addition to or alteration of a Registered Trade Mark. |
54 |
|
|
|
|
|
1940: Act-V STATUTORY RULES AND ORDERS 56
(Under section 84,-Revised Trade Marks Rules)
|
1 |
2 |
3 |
4 |
|
|
|
|
|
|
TM-40 |
49(rule 75) |
Application by the Proprietor of a Registered Trade Mark for the Conversion of the Specification. |
55 |
|
|
|
|
|
|
TM-41 |
49 |
Notice of Opposition to Proposal for Conversion of Specification. |
56 |
|
|
|
|
|
|
TM-42 |
56 |
Request for the alteration of the deposited Regulations for use of a Certification Trade Mark. |
57 |
|
|
|
|
|
|
TM-43 |
59 |
Application to the Federal Government for an order Expunging or Varying an entry in the Register relating to a Certification Trade Mark or Varying the deposited Regulations. |
58 |
|
|
|
|
|
|
TM-44 |
65(3) |
Request for entry of a mark in the Refused Textile Marks List. |
60 |
|
|
|
|
|
|
TM-45 |
(rule 105) |
Continuation of a mark in the Refused Textile Mark List. |
61 |
|
|
|
|
|
|
TM-46 |
20(1) & 75 |
Request for Certificates of the Registrar. |
62, 63 |
|
|
|
|
|
|
TM-47 |
78 |
Request for entry on the Register and advertisement of a note of Certificate of validity of the Court. |
64 |
|
|
|
|
|
|
TM-48 |
80 |
Form of Authorization of Agent in a matter or proceeding under the Act. |
-- |
|
|
|
|
|
|
TM-49 |
53(1) |
Regulations for governing the use of Certification Trade Mark. |
-- |
|
|
|
|
|
1940: Act-V STATUTORY RULES AND ORDERS 57
(Under section 84,-Revised Trade Marks Rules)
|
1 |
2 |
3 |
4 |
|
|
|
|
|
|
TM-50 |
(rule 9 and 68) |
Form of request b a Registered Proprietor or a Registered User 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. |
50, 51 |
|
|
|
|
|
|
TM-51 |
(rule 100) |
Application for Registration of Trade Marks consisting exclusively of word or words in combination with numerals or letters or both relating solely to textile goods. |
7 |
|
|
|
|
|
|
TM-52 |
(rule 101) |
Application for registration of Trade Marks, consisting exclusively of letters of numerals or any combination thereof relating solely to textile goods for specification of goods not included in any of the items of Fifth Schedule. |
6 |
|
|
|
|
|
|
TM-53 |
(rule 102) |
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. |
8 |
|
|
|
|
|
|
TM-54 |
(rule 87) |
Request for Search under rule 87 .. |
59 |
|
|
|
|
|
|
TM-55 |
Rule 24(2), 76 & 84 |
Application for extension of time .. |
66 |
|
|
|
|
|
|
TM-56 |
16(3) &rule 24(2) |
Application for restoration of a Trade Mark abandoned for non-compliance. |
67 |
|
|
|
|
|
|
TMA-1 |
(rule 131) |
Application for registration as a trade marks agent. |
74 |
|
|
|
|
|
|
TMA-2 |
(rule 136) |
Application for the restoration of a person to the Agents’ Register. |
77 |
|
|
|
|
|
|
TMA-3 |
(rule 137) |
Application for the alteration of any entry in the Agents’ Register. |
78 |
1940: Act-V STATUTORY RULES AND ORDERS 58
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
Application for registration of trademark (other than a textile mark or a defensive trade mark)
(To be accompanied by a duplicate of this Form and by six additional representations affixed on a durable paper of size 13” x 8” )
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 Class (a)_____________ in respect of (b) ________ in the name of(c) ________________ trading as (d) ______________ whose trade or business address is (e) _____________________ by whom the said mark is proposed to be used/being used since____________ (f) ____________ and who claim(s) to be its proprietor(s)
Give the name(s) of the proprietor(s) below:-
……………………. ……………………. …………………….
……………………. ……………………. …………………….
……………………. ……………………. …………………….
Dated this __________ day of__________ 19
(g) ______________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
1940: Act-V STATUTORY RULES AND ORDERS 59
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
(a) Insert the serial number of the class as indicated in Schedule IV to the Trade Marks Rules.
(b) Specify the goods, only goods included in one and the same class should be specified. Please consult Schedule IV attached to the Rules to check the class of goods and or the Book on International Classification of goods issued by the International Bureau for the Protection of Intellectual Property, Geneva.
(c) Insert legible the full name, description and nationality of the applicant.
(d) Insert the trading style, if any.
(e) Insert the full trade or business address of the applicant.
(f) Strike out whichever is not applicable. If the mark is already in use, file the proof thereof by way of affidavits, publicity material, sale figures etc.
(g) 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, if the applicant is a limited company, by the Managing 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 addressed to the Registrar of Trade Marks.
(2) Where the application is being filed through an attorney, a power of attorney on Form TM-48 duly stamped with an adhesive stamp of Rs.5 must accompany this application.
(3) If the word mark is in a language other than English, Urdu or regional Pakistani languages, its translation and transliteration in the form of an affidavit must accompany this application.
---------------------------------------
1940: Act-V STATUTORY RULES AND ORDERS 60
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-2
Application for registration of a trademark (other than a mark consisting exclusively of a word or words (not being an invented word) or letters or numerals, or any combination thereof) in respect of textile goods.
To be accompanied by a duplicate of this form and by six additional representations affixed on a durable paper of size 13” x 8”).
On 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 class (a)_____________ in respect of (b) ________ in the name of (c) _______________ trading as (d) ______________ whose trade or business address is (e) _____________________ by whom the said trademark is (proposed to be used/being used since _________) (f) and who claim(s) to be its proprietor(s).
Give the name(s) of the proprietor(s) below:-
……………………. ……………………. …………………….
……………………. ……………………. …………………….
……………………. ……………………. …………………….
Dated this __________ day of__________ 19
(g) ______________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
1940: Act-V STATUTORY RULES AND ORDERS 61
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
Insert the serial number of the class as in Schedule IV to the Trade Marks Rules.
Specify the goods, only goods included in one and the same class should be specified. Please consult Schedule IV attached to the Rules to check the class of goods and or the Book on International Classification of goods issued by the International Bureau for the Protection of Intellectual Property, Geneva.
(c) Insert legible the full name, description and nationality of the applicant.
(d) Insert the trading style, if any.
(e) Insert the full trade or business address of the applicant.
Strike out whichever is not applicable. If the mark is already in use, file the proof thereof by way of affidavits, publicity material, sale figures etc.
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, if the applicant is a limited company, by the Managing 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 addressed to the Registrar of Trade Marks.
(2) Where the application is being filed through an attorney, a power of attorney on Form TM-48 duly stamped with an adhesive stamp of Rs.5 must accompany this application.
(3) If the word mark is in a language other than English, Urdu or regional Pakistani languages, its translation and transliteration in the form of an affidavit must accompany this application.
1940: Act-V STATUTORY RULES AND ORDERS 62
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
Fee Rs.100
FORM TM-3
Application for Registration of an Invented Word (or Words) as a Defensive Trade Mark.
(To be accompanied by a duplicate of this form and by six representations and a statement of case in triplicate.)
On representation to be fixed within this space.
Application is hereby made for Registration of the above word(s) as a Defensive Trade Mark in Class ____ in respect of (a) _________ ___________ in the name of (b)_________________ of (c) ____________________ trading as (d)______
Who is (are) the proprietor(s) of the same Trade Mark registered in Class (e) in respect of under No.
The word(s) which constitute(s) the aforesaid trademark is (are) (an) invented word(s) to the best of my (our) knowledge, information and belief.
The particulars of the facts on which I (we) rely in support of this application are set forth in the accompanying Statement of Case.
Dated this day of 19
(f)…………….
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
Specify the goods. Only goods included in one and the same class should be specified.
Insert legibly the full name, description and nationality of the applicant. See rule 8.
Insert the full trade or business address of the applicant.
Insert the trading style (if any).
Here insert particulars of the applicant’s registration of the Trade Mark.
Signature of applicant. See rule 6.
1940: Act-V STATUTORY RULES AND ORDERS 63
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-4
Fee: See entry Nos.4 & 5
of the First Schedule
Application for registration of certification trade mark under section 53, rule 91(1)
(To be accompanied by three duplicates of the application and by 3 copies of the draft regulations with Form TM-49)
On representation to be fixed within this space, and six others to be sent separately.
Representations of larger size may be folded, but must then be mounted upon linen or other suitable material fixed hereto. (See rules 17 & 18).
Application is hereby made for registration of the accompanying Certification trademark in class ____ in respect of (a) _______ ___________ in the name of (b) _________________ whose address is (c) ____________________.
Dated this __________ day of__________ 19
(d) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
Specify the goods. Only goods included in one and the same class should be specified. A separate application Form is required for each Class.
Here insert the full name, description and nationality of the applicant. See rule 8.
Insert the full address of the applicant.
Signature of the applicant. See rule 6.
1940: Act-V STATUTORY RULES AND ORDERS 64
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-5
Fee: Rs.100
Notice of Opposition to Application for Registration of a trademark, section 15(2), rule 30
IN 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 ____ 219___ No. ___________ page __________. The grounds of opposition are as follows:-
___________________________
___________________________
___________________________
(b)My (our) address for service in Pakistan in connection with these proceeding is:- __________________
_
Dated this __________ day of__________ 19
(c) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) State full name and address.
(b) If registration is opposed on the ground that the mark resembles marks already on the Register, the numbers of those marks and of the Journals in which they have been advertised are to be set out. The number of any marks in the Refused Textile Marks List that are relied on should also be given. Insert address for service in Pakistan.
(c) Signature of opponent.
1940: Act-V STATUTORY RULES AND ORDERS 65
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-6
Fee: Rs.50
Form of Counter-statement, Sections 15, 37, 38, 46 or 48, or Rules 32 and 75
(To be filed in duplicate)
IN THE MATTER OF an Opposition No. ____________ to Application No._____________ for the registration of a trade mark.
I (or we) ________________________________ the applicant(s) for registration of the above trademark, 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:-
Dated this __________ day of__________ 19
(a) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) Signature of applicant.
1940: Act-V STATUTORY RULES AND ORDERS 66
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
Fee: Rs.30
Notice of Intention to attend hearings. Sections 15, 37, 38, 46 and 48. Rules
38 and 75
IN THE MATTER OF (a) _________________________________________________ I (or we) (b) ________________________________ hereby give notice that the Hearing in reference to the above matter which, by the Official Notice to me (or us), dated the __________ day of__________ 19___ is fixed for ____________ A.M. or P.M. at the Trade Marks Registry /Branch Trade Marks Registry Lahore on the __________ day of__________ 19___ will be attended by me (or us) or by some person on my or (our) behalf.
Dated this __________ day of__________ 19
(c) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) Insert particulars as in the Official Notice.
(b) Insert name and address.
(c) Signature of the person giving notice.
1940: Act-V STATUTORY RULES AND ORDERS 67
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
Fee: Rs.50
Notice to the Federal Government of Opposition to an Application for registration of a Certification trademark under sub-section (2) of section 55 of the Act, rule 93 (1)
(To be accompanied by three copies each of the application and a statement of case)
IN THE MATTER OF an Application No._____________ for the registration of a 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 ____ 19___ 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 is ________________.
Dated this __________ day of__________ 19___.
(c) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) State full name and address.
(b) The grounds should be limited to the matters specified in section 54 of the Act
(c) Signature of the person giving notice.
1940: Act-V STATUTORY RULES AND ORDERS 68
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-9
Form of Counter-statement in reply to Notice to the Federal Government of Opposition to an Application for registration of a Certification trademark Sections 55(2). Rule 93(1)
(To be filed in triplicate)
IN THE MATTER OF an Opposition No. ___________ to Application No._____________ for registration of a Certification trade mark.
I (or we) (a) ________________________________ the applicant(s) in respect of the above-numbered application, hereby give notice that the following are the grounds on which I (or we) rely as supporting my (or our) application _____________________________________.
I (or we) admit the following allegations in the notice of opposition:
My or (Our) address for service in Pakistan in connection with these proceedings is ________________.
Dated this __________ day of__________ 19___.
(b) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) Insert name and address of the applicant.
(b) Signature of the applicant.
1940: Act-V STATUTORY RULES AND ORDERS 69
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
Fee: Rs.30
Hearing by the Federal Government of an opposition under sub-section (2) of section 55 of the Act to an Application for Registration of a Certification Trade Mark Rule 93(1)
I (or we) (a) ________________________________ hereby give notice that the hearing of the arguments in the case of Opposition No. ____________ to Application No. ____________ for the registration of a certification trademark, which is fixed for ____________ A.M. or P.M. at the _________________________ on the __________ day of__________ 19___ will be attended by me (or us) or by some person on my (or our) behalf.
Dated this __________ day of__________ 19___.
(b) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) Insert name and address.
(b) Signature of the person giving notice.
1940: Act-V STATUTORY RULES AND ORDERS 70
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-11
Fee: See entry Nos.16 &
24 of the First Schedule
Fee for Registration of a trade mark Rule 41
(If the applicant has furnished a printing block for advertisement, this form must be accompanied by one unmounted representation of the mark exactly as shown in the form of application).
I (or we) (a) ________________________________ transmit the prescribed fee for the Registration of the Trade Mark No. ________ in class ____.
Dated this __________ day of__________ 19___.
(b) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) Insert full name, address and nationality, (See rule 8).
(b) Signature of the applicant.
1 [Note.1].- The request for entry of an address for service of the Registered Proprietor be made on Form TM-50 and if it accompanies this Form no fee will be payable on Form TM-50.
2 [Note.2].- This form alongwith the registration fee shall be submitted to the Trade Mark Registry within one month of its receipt from the Registry.]
1940: Act-V STATUTORY RULES AND ORDERS 71
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-12
Fee: See entries Nos.26
30 of the First Schedule
*Renewal of Registration of a trademark. Section 18, Rules 46-48
I (or we) (a) ___________________________________________________________
hereby leave the prescribed fee of Rs. ___________ for Renewal of Registration of the Trade Mark No.______________ in class ____.
The notice of renewal of the registration may be sent to the following address: (b) An additional fee of Rs.20 as required in rule 48 is also transmitted.
Dated this __________ day of__________ 19___.
(c) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
*This form will be returned if it is filed more than six months before the expiration of the last registration.
(a) Insert here the name and address of the registered proprietor.
(b) Strike out if the renewal fee is paid before the expiration of the last registration.
(c) Signature of the registered proprietor.
1 [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 Journal].-
1940: Act-V STATUTORY RULES AND ORDERS 72
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
Restoration of trademark removed from Register for Non-payment of Renewal Fee. (Section 18(3), Rule 49(2)
I (or we) (a) ________________________________ hereby request that the Trade Mark No._________ in class ____ be restored to the Register and the registration of the said trademark in the class aforesaid be renewed; and that the notice of restoration and renewal be sent to the following address in Pakistan:-
Dated this __________ day of__________ 19___.
(b) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) Insert full name, address and nationality of the registered proprietor.
(b) Signature of the registered proprietor.
1 [Note.-Application for the restoration of the mark shall be moved within six months of the expiration of the last registration].
1940: Act-V STATUTORY RULES AND ORDERS 73
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-14
Application under section 12(4) of the Act to dissolve the Association between a registered Trade Mark and (an) other registered Trade Mark(s). Rule 45
(To be accompanied by a statement of case)
IN THE MATTER OF a Trade Mark No. __________ in class ____ filed on_________
I / we __________________________________ being the Registered Proprietor(s) of the above-numbered Trade Mark, hereby apply that the association of this Trade Mark with the following Trade Mark(s) registered in my (or our) name:-
(a) No.______ registered in class-----
No._______ registered in class-------
May be dissolved and the Register amended accordingly
The grounds for this application are set forth in the acco paying statement of case.
Dated this __________ day of__________ 19___.
(b)_________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
Additional numbers may be given in signed Schedule on the reverse of the form.
Signature of registered /proprietor
1940: Act-V STATUTORY RULES AND ORDERS 74
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-15
Request for Statement of Grounds of Decision. Section 14(2). Rule 25(1)
IN THE MATTER OF (a) __________________ the Registrar __________________ is hereby requested to state in writing the grounds of his decision. Dated this __________ day of__________ 19___ after the hearing on the ________ day of__________ 19___ and the materials used by him in arriving at the decision.
Dated this __________ day of__________ 19__ _.
(b) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) Insert particulars identifying the application.
(b) Signature of the applicant.
1940: Act-V STATUTORY RULES AND ORDERS 75
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-16
Fee: Rs.50
Request for Correction of Clerical Error, or for permission to amend application.
Section 14(3) and Rules 64 and 69)
IN THE MATTER OF (a) __________________ I (or we) ______________________________________ being the applicant(s) in the above matter hereby request that __________________________________________.
Dated this __________ day of__________ 19___.
Signature (b) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) Insert words and reference number identifying the entry or application.
(b) Signature of the applicant.
1940: Act-V STATUTORY RULES AND ORDERS 76
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-17
Fee: Rs.50
Application for the Certificate of the Registrar under section 31(2) with reference to a proposed Assignment of a Registered Trade Mark, Rule 58
(To be accompanied by a statement of case in duplicate and a copy of the proposed assignment).
IN THE MATTER OF Trade Mark(s) No.(s) _______ Registered in the name of _______________________ in class(es) ____.
Application is hereby made by (a) ______________ being the Registered Proprietor(s) of the above-mentioned registered trade mark(s) for the Registrar’ s Certificate under section 31(2) with reference to a proposed assignment of the registered trade mark(s) No.(s) _______ to (b) _______________ in circumstances that are stated fully in the accompanying statement of case.
Dated this __________ day of__________ 19___.
(c) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) Insert the name, and trade or business address of the Registered Proprietor.
(b) Insert the full name, and trade or business address and nationality of the proposed assignee.
(c) Signature of the registered proprietor.
1940: Act-V STATUTORY RULES AND ORDERS 77
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-18
the Stamp Act, 1899
Affidavit (only to be furnished when required by Registrar)
In support of Statement of Case filed under section 31(2) of accompanying a request under rule 51.
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.
(c) _________________
Declared at ____________________________
Dated this __________ day of__________ 19___.
Before me (d) ________________
(a) Insert full name, address and nationality of deponent.
(b) Insert particulars of the proceedings concerned.
(c) To be signed hereby the person making the declaration.
(d) Signature and title of Authority before whom the affidavit is made.
1940: Act-V STATUTORY RULES AND ORDERS 78
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-19
Trade Mark and Rs.5 for
Every other Trade Mark
Application for the approval by the Registrar
under section 32 of a proposed assignment, or of a transmission of a Trade Mark resulting in exclusive rights in different persons for different parts of Pakistan. Rule 58.
(To be accompanied by a Statement of Case in duplicate and a copy of the Instrument proposed for the assignment or effecting the Transmission).
IN THE MATTER OF Trade Mark(s) ____________ (a) Registered under No.(s) ____________________ in Class(es) _______________________ Application is hereby made by _______________________________. *(1) (b) ____________________ the Proprietor of the trade mark(s) shown in the accompanying Statement of Case (c) [registered in his name] and (c) [used by him] in respect of the following goods ________________________________________ for the approval by the Registrar of a proposed assignment of the trade mark(s) to (d) ______________________ in respect of the following goods _____________________ to be sold or otherwise traded in (e) _________________ (f) [and to (d) ___________________________ in respect of all the following goods _________________________ to be sold or otherwise traded in (e) ________________. in circumstances that are stated fully in the accompanying Statement of Case. *(2) (g) ______________ who claims that the trade mark(s) shown in the accompanying statement of case was (were), in respect of the following goods, namely
________________________________________ and on the (h) ______ __________________________ day of _________ 19___ transmitted to (him) (i) _________________ who was his predecessor in title, by or from (j) ________ ____________ by whom the Trade Mark was then used in respect of the following goods namely ________________________________________ all in circumstances that are stated fully in accompanying statement of case for the approval by the Registrar of the aforesaid transmission.
Dated this __________ day of__________ 19___.
(k) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
1940: Act-V STATUTORY RULES AND ORDERS 79
(Under section 84,-Revised Trade Marks Rules)
*Strike out either paragraph (1) or paragraph (2).
(a) To be struck out in the case of unregistered trademarks.
(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 trade or business address(es) 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 commencement of the Ordinance.
(i) Insert the name and trade or business address of the predecessor in title, if any.
(j) Insert name and trade or business address of the person who transmitted.
(k) Signature of applicant.
1940: Act-V STATUTORY RULES AND ORDERS 80
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-20
For every additional mark
Application for Directions for the Advertisement of an assignment of Trade Marks otherwise than in connection with the goodwill of the business. [Section 33.Rule 55(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) Unregistered 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 given in a signed schedule on the back of the Form.
(a) Insert the name, nationality and trade or business address of the proprietor (applicant).
(b) Insert the full name, nationality and trade or business address of the proprietor (assignor).
(c) Only those unregistered trade marks passing by the one assignment and used in the same business and for the same goods as those for which one or more of the registered marks are registered may be stated here.
(d) Signature of applicant.
1940: Act-V STATUTORY RULES AND ORDERS 81
(Under section 84,-Revised Trade Marks Rules)
The date of assignment was the____________ day of ________19___.
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__________ 19___.
(d) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
1940: Act-V STATUTORY RULES AND ORDERS 82
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-21
Extension of 1,2 or 3 months,
Respectively.
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. Section 33, Rule 55(3)
Application is hereby made by (a) _______________ for extension of time of (b)______________ month(s) in which to apply for the Registrar’ s Directions for 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 (c) _____ who is the assignor:
(2) Unregistered Trade Marks, all being Marks used in his business at the time of the assignment in respect of the goods stated below, by (c) _____ of _________ who is the assignor:
*Representation of Mark ____ Goods in respect of
which the Mark has been
used and is assigned.
Dated this __________ day of__________ 19___.
(d) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
*Additional marks and registration numbers which cannot be accommodated here may be given in a signed schedule on the back of the Form.
(a) Insert the name and trade or business of assignee (applicant).
(b) Insert “ one” , “ two” or “ three” .
(c) Insert the name and trade or business address of the proprietor (assignor).
(d) Signature of applicant.
1940: Act-V STATUTORY RULES AND ORDERS 83
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-22
Application for the consent of the (Federal Government) to the assignment or transmission of a Certification Trade Mark. Section 34(1). Rule 96
(To be filed in duplicate and each copy to be accompanied by either a draft deed of assignment or an affidavit).
I (or we) (a)_ _______________________________ being the registered proprietor of certification Trade Mark No. ____________ registered in class(es) ____ hereby apply for the consent of the (Federal Government) to the assignment or transmission of the aforesaid Certification Trade Mark to (b) ____________________________________________
(c) A draft deed of the proposed assignment is transmitted herewith. (d) The circumstances under which the transmission takes place are set forth in the accompanying affidavit.
Dated this __________ day of__________ 19___.
(d) _________________
To,
The [Federal Government]
Through:
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) Insert name, address and nationality of the registered proprietor.
(b) Insert name, address and nationality and description of the proposed transferee.
(c) Strike out one of these paragraphs not required in any particular case.
(d) Signature of registered proprietor.
1 See footnote 1 on page 2, supra.
1940: Act-V STATUTORY RULES AND ORDERS 84
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-23
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 35. Rule 51
I/(we) (a) ___________________________________ and (b) _________________________________________ hereby request, under rule 51, that the name of (c) ______ __________________________________________________ carrying on business as (d) ______________ at (e) ________________________ may be entered in the Register of Trade Marks as proprietor of the Trade Mark(s) No.* ___________ in class ____ as from the (f) __________________________ 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__________ 19___.
(i) _________________
(j) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) Full name and address and nationality of registered proprietor or other Assignor or Transmitter.
(b) Full name, trade address, and nationality of Transferee.
(c) Name of Transferee.
(d) Description of Transferee.
(f) Date of acquisition of proprietorship.
(g) Full particulars of the instrument of assignment or transmission, if any, or statement of case.
(h) Strike out any words not applicable.
(i) Signature of Assignor or Transmitter.
(j) Signature of Transferee.
*Additional numbers may be given in a signed schedule on the back of the Form.
1940: Act-V STATUTORY RULES AND ORDERS 85
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-24
of the First Schedule
Request to Register a Subsequent Proprietor of Trade Marks upon the same devolution of title. Section 35. Rule 51
I (or we) (a) ________________________________ hereby request that my (or our) name may be entered in the Register of Trade Marks as proprietor of Trade Mark(s) No. ____________ *in Class ____ as from the (b) __________________________________________
I am (or we are) entitled to the Trade Mark(s) by virtue of (c) _____________________________________ of which the original and an attested copy are enclosed herewith.
(d) The trade mark at the time of the assignment was (d) (not) used in a business in the goods in question, and the assignment (d) (took) (did not take) place otherwise than 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.
Dated this __________ day of__________ 19___.
(e) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) Insert full name, trade or business address, nationality and description.
(b) Date of acquisition of proprietorship.
(c) Insert full particulars of the instrument of assignment or transmission if any, or statement of case.
(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.
1940: Act-V STATUTORY RULES AND ORDERS 86
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-25
Fee: See entry No.26
of the First Schedule
36(3) for the registration of the name of a Company as subsequent proprietor of a trade mark in the Register. Rule 59.
Application is hereby made by (a) _______________ for an extension of time by (b) _____________ months of the period of six months allowed by section 36(3) and rule 59 for 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 36.
(d) Registration Number ____________ Class _____
___________ _______________
___________ _______________
Dated this __________ day of__________ 19___.
(e) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) Insert the name and address of the applicant.
(b) Insert “ two” or “ four” or “ six” .
(c) Insert name of the company to be registered as subsequent proprietor.
(d) Additional number may be given in a signed schedule on the back of the Form.
(e) Signature of the applicant.
1940: Act-V STATUTORY RULES AND ORDERS 87
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-26
Mark from the Register. Section 37, 38 or 46. Rule 65
[To be filed in duplicate and to be accompanied by a statement of case in duplicate (vide rule 65)]
IN THE MATTER OF the Trade Mark_____________
No.________________________________________ Registered in the name of
________________________ in class _____________
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__________ 19___.
(c) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) State full name, address and nationality.
(b) Strike out the word(s) that is (are) not applicable.
(c) Signature of applicant.
1940: Act-V STATUTORY RULES AND ORDERS 88
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-27
the Register or the Removal of a Trade Mark from the Register. Rule 67.
IN THE MATTER OF the Trade Mark___________
No.______________________ Registered in the name of ________________________ in class ________
I (or We) (a) _____________________________________________________ hereby apply for leave to intervene in the Proceedings relating to the rectification or removal of the entry in the Register in respect of the above-mentioned Trade Mark.
My (or our) interest in the Trade Mark is ___________________________________
______________________________________________________________________
My (or our) address for Service in Pakistan in connection with these proceedings
is_________________________________________________________________________________________________________________________________________
Dated this __________ day of__________ 19___.
(b) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) State full name, address and nationality.
(b) Signature of applicant.
1940: Act-V STATUTORY RULES AND ORDERS 89
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-28
Fee: See entries Nos. 42 &
43 of the First Schedule
Application for Registration of Registered User. Section 41.Rule 60
[To be accompanied by a statement of case setting forth particulars and statements as required by section 41(1) verified by an affidavit]
Application is hereby made by (a) _________________________________________ who is (or are) the registered proprietor(s) of Trade Mark(s) No.(s)* registered in Class _____________________ in respect of (b)_____________ and by (c) _______________
____________________trading as(d) ______________________________________
that the said (e) _____________________________________
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 _________________19 ____ ). (h) (The proposed permitted use is without limit of period).
Dated this __________ day of__________ 19___.
(i) _________________
(j) _________________
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.
(c) Here insert the full name, description, nationality, and address of the proposed registered user (See rule 8)
(d) Insert trading style (if any).
(e) Insert name of proposed registered licensee.
(f) Insert designation of goods (which must be comprised within the specification).
(g) Write ‘None’ if there are no conditions or restrictions.
(h) Strike out the works that are not applicable.
(i) Signature of registered proprietor.
(j) Signature of registered licensee.
1940: Act-V STATUTORY RULES AND ORDERS 90
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-29
and Rs.5 for every additional
mark
Application by the Registered Proprietor of a Trade Mark for variation of the registration of a Registered User thereof with regard to the goods or the conditions or restrictions. Section 42(a), Rule 61
[To be accompanied by a statement of the Grounds for the application and the written consent (if given) of the Registered User.]
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__________ 19___.
(f) _________________
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, description and trade or business address of the registered proprietor.
(b) Insert the specification as in the register.
(c) Insert the full name description and trade or business address of the registered licensee.
(d) Insert the goods in respect of which the user is registered.
(e) State the manner in which it is requested that the entry should be varied.
(f) Signature of the registered proprietor.
1940: Act-V STATUTORY RULES AND ORDERS 91
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-30
and Rs.5 for every additional mark
Application by the Registered Proprietor of a Trade Mark or by any of the Registered Users of a Trade Mark for the cancellation of entry of a Registered User thereof. Section 42(b), Rule 62
(To be accompanied by a statement of the grounds for the application)
Application is hereby made by (a)_________________________________________ being (the Registered Proprietor) (b) (a Registered User) of trade mark(s) No.__________ *registered in Class__________ in respect of _____________ (c)______________________ for the cancellation of the entry under the above-mentioned registration(s) of (d)______________________________as a registered licensee of the trade mark(s) in respect of (e) ________________________________ The grounds for this application are set forth in the accompanying statement.
Dated this __________ day of__________ 19___.
(f) _________________
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 the full name, description and trade or business address of the applicant or of the applicants.
(b) Strike out the words that are not applicable.
(c) Insert the specification as in the Register.
(d) Insert the full name, description and trade or business address of the registered licensee whose entry is sought to be
cancelled.
(e) Insert goods in respect of which registered licensee mentioned at (d) is registered.
(f) Signature of the applicant.
1940: Act-V STATUTORY RULES AND ORDERS 92
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-31
registration and Rs.5 for
every additional registration
Application for cancellation of entry of Registered User of a Trade Mark. (Section 42(c) Rule 62.
(To be accompanied by a statement of the grounds for the application)
IN THE MATTER OF Trade Mark(s) No.(s)_______ *registered in Class____________________ in the name of (a)________________ *Application is hereby made by(b)_______________________________________
______________________________________________ For the cancellation of the entry under the above-mentioned registration(s) of (c)________________________
As the registered licensee thereof in respect of (d)__________________________
The grounds of this application, particulars of which are given in detail in the accompanying statement of case, are (e)____________________________________
The applicant’ s address for service in Pakistan in connection with these proceedings is________________
Dated this __________ day of__________ 19___.
(f) _________________
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 the name of the Registered Proprietor.
(b) Insert the name, address and nationality of the applicant for cancellation.
(c) Insert the name, trade or business address and description of the registered licensee entered in the Register.
(d) State goods in respect of which registered licensee is entered.
(e) Insert one or more of the sub-clauses of clause(c) of section 75.
(f) Signature of applicant.
1940: Act-V STATUTORY RULES AND ORDERS 93
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-32
Notice of intention to intervene in proceedings for the variation or cancellation of an entry of a Registered User of a Trade Mark. (Rule 63).
(To be accompanied by a statement of the grounds of intervention)
IN THE MATTER OF a Trade Mark No.__________ registered in Class__________________ in the name of (a)_____________ and ________________________
IN THE MATTER OF registration of (b)_____________________________ there under as a Registered User of the Mark.
I (or We) (c) ______________________________ hereby give notice of my (or our) intention to intervene in the proceedings in the above matter. My (or our) address for service in Pakistan for the purpose of these proceedings is
_____________________________________________
Dated this __________ day of__________ 19___.
(d) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) Insert the name of the Registered Proprietor.
(b) Insert the name and trade or business address of Registered User.
(c) Insert the full name, address and nationality of person giving notice.
(d) Signature of the Person giving notice.
1940: Act-V STATUTORY RULES AND ORDERS 94
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-33
For every additional mark Rs.10.00
Request to enter change of Name or description of Registered Proprietor (or
Registered User) of Trade Mark upon the Register. Section 47, Rules 64, 69.
I (or We) (a)____________________________ hereby request that my (or our) name(s) and description(s) may be entered in the Proprietor(s)
Register of Trade Marks As (b) __________________ of the Trade Mark(s) No…..
Registered User (s) _____________________*registered in Class__________
the said Trade Mark I am (We are) entitled to (b)______________________ use the said Trade Mark as Registered User(s) actual proprietorship There has been no change in the (b) _________of the said Identity of registered User (s) Trade Mark, but (c) _________________________ The entry at present standing in the Register gives my (or our) name(s) and description(s) as follows : ____________________
Dated this __________ day of__________ 19___.
(d) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) Insert present name, address and description of Registered Proprietor or Registered User.
(b) Strike out the words that are not applicable.
1940: Act-V STATUTORY RULES AND ORDERS 95
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-34
Request for Alteration of Trade or Business Address in Register of Trade Marks. Section47, Rules 64, 68 and 69
IN THE MATTER OF the Trade Mark(s) No.________ (a) registered in Class
___________ I (or We) ________________________ of _______________________ being the Registered (b) Proprietor(s)________ of the Trade Mark(s) numbered as above, request that my (or our) User(s) Trade or business address in the Register of Trade Marks be altered to ____ _____________________ *The change of address, the entry of which is hereby applied for was ordered (by) (c) __________________________________________ ___________________________________________
on the ____________ day of ______________19___
An officially certified copy of the order is enclosed herewith.
Dated this __________ day of__________ 19___.
(d) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) Additional numbers may be given in a signed schedule on the back of the Form.
(b) Strike out one of these words.
(c) Insert the name of the public authority ordering the change and the date thereof.
(d) Signature of Registered Proprietor/User.
*Strike out if not applicable.
1940: Act-V STATUTORY RULES AND ORDERS 96
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-35
Application by Registered Proprietor of Trade Mark for the cancellation of entry thereof in Register. Section 47(1)/(c), Rules 69 and 70.
IN THE MATTER OF Trade Mark No.______ Class _________________________ Name of Registered Proprietor____________________________________________
Trade or business address____________________
Application is hereby made by the aforesaid registered proprietor that the entry in the Register of Trade Marks of the Trade Mark No._________ in Class_______________ may be cancelled.
Dated this __________ day of__________ 19___.
(a) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) Signature of the Registered Proprietor.
1940: Act-V STATUTORY RULES AND ORDERS 97
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-36
Application by Registered Proprietor of Trade Mark to strike out Goods from those for which the Trade Mark is registered. Section 47(1)(d), Rules 69 and 70.
IN THE MATTER OF Trade Mark No._______ registered in class _-___________________________
Name of Registered Proprietor___________________________________
Trade or business address___________________________________
Application is hereby made by the aforesaid registered proprietor for the striking out of (a) _______ from the goods for which the Trade Mark No. _______ is registered in Class __________.
Dated this __________ day of__________ 19___.
(b) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) Designate the goods to be struck out.
(b) Signature of applicant.
1940: Act-V STATUTORY RULES AND ORDERS 98
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-37
Request by Registered Proprietor of Trade Mark that a Disclaimer or Memorandum relating thereto may be registered may be registered. Section 47(1)(e). Rules 69 and 70.
IN THE MATTER OF Trade Mark No.________ registered in class _-_________________________ Application is hereby made by (a) __________________ 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 following, namely:-
Dated this __________ day of__________ 19___.
(b) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) Insert the name, trade or business address and description of the registered proprietor.
(b) Signature of Registered Proprietor.
1940: Act-V STATUTORY RULES AND ORDERS 99
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-38
For each additional registration Rs.50.00
Application by Registered Proprietor under section 48 for an addition to or alteration of a Registered Trade Mark. Rule 71
IN THE MATTER OF Trade Mark No._______ registered in class __________________________
Application is hereby made by (a) ___________________ being the registered proprietor(s) of the registered trademark 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__________ 19___.
(c) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) Insert the name, trade or business address and description of the registered proprietor.
(b) Fill in full particular.
(c) Signature of applicant.
1940: Act-V STATUTORY RULES AND ORDERS 100
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-39
Notice of Opposition to Application for addition to or alteration of a Registered Trade Mark. Section 48, Rule 72(2)
IN THE MATTER OF Trade Mark No.__________ registered in the name of _________________________ in class ______.
I (or we) (a) ________________________________ hereby give notice of my (or our) intention to oppose the addition to or alteration of the Trade Mark numbered and registered as above, so that it shall be in form shown in the application advertised in the Trade Mark Journal of the __________ day of _______________ 19___.
No. ________________ Page ______________
The grounds of opposition are as follows:-
______________________________________________ My (or our) address for service in Pakistan in connection with these proceedings is ____________________________.
Dated this __________ day of__________ 19___.
(b) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) State full name & address.
(b) Signature of the person giving notice.
1940: Act-V STATUTORY RULES AND ORDERS 101
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-40
Application by the proprietor of a Registered Trade Mark for the conversion of the specification. Rule 75(1).
IN THE MATTER OF Trade Mark No.__________ registered in the name of __________________________ in class ____ of the Fourth Schedule.
Application is hereby made by (a) ______________ the registered proprietor of the above-numbered Trade Mark, for the conversion of the specification of the above-mentioned registration (b) and the specification(s) of the Registered User(s) there under in consequence of the amendment of the Fourth Schedule to the Trade Mark Rules, 1963.
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.
Class ______________
Class ______________
Dated this __________ day of__________ 19___.
(c) _________________
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.
1940: Act-V STATUTORY RULES AND ORDERS 102
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-41
the First Schedule
Notice of opposition to proposal for Conversion of Specification,
under Section 49, Rule 75(4).
[To be filed in duplicate and accompanied by a Statement, in duplicate, showing how the proposed conversion would be contrary to section 49 (1)]
IN THE MATTER OF *Trade Mark No._________ registered in the name of_________________________ in class ____ of the Fourth Schedule to the rules.
I (or we) (a) _______________________________ hereby give notice of my (or our) intention to oppose the proposal for the conversion of the specification(s) of the Trade Mark(s) advertised in the Trade Mark Journal of the _____________ day of ____________ 19___
No. ________________ Page ______________
The grounds of opposition are as follows:-
My (or our) address for service in Pakistan in connection with these proceedings is______________________________________________________________________
Dated this __________ day of__________ 19___.
(b) _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
*The numbers of more than one trademark dealt with by the same proposal may be given, provided the specifications are the same.
(a) State full name and address.
(b) Signature of the person giving notice.
1940: Act-V STATUTORY RULES AND ORDERS 103
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-42
in the First Schedule
Request for the consent of the (Federal Government) to alteration of the deposited Regulations for use of a Certification Trade Mark. Section 56, Rule 95.
(To be accompanied by a duplicate of the application and three copies of the Regulations having the proposed alterations shown in red therein)
Application is made by (a) ____________________ who is (or are) the Proprietor(s) of a Certification Trade Mark(s) No. (b) _________________ *registered in Class ___ * in respect of (c) ____________ *that the deposited Regulations for governing the use of the said Mark(s) may be altered in the manner shown in red in the accompanying copies of the Regulations as proposed to be altered and for the consent of the Registrar to such alteration.
Dated this __________ day of__________ 19___.
(d) _________________
To,
The (Federal Government)
(The application should be lodged at
The Trade Marks Registry, at Karachi,
Or the (Lahore) Branch of the
Trade Marks Registry),
Karachi.
(a) State name and address of the proprietor(s) as registered.
(b) If the same regulations apply to more than one registration, the numbers of all the registrations should be stated.
(c) State the specification f the respective registrations.
(d) Signature of the applicant.
*Additional numbers and specifications may be given in a signed schedule on the back of the Form.
1940: Act-V STATUTORY RULES AND ORDERS 104
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-43
Application to the (Federal Government) for an order Expunging or Varying an entry in the relating to a certification Trade Mark or Varying the Deposited Regulations. Section 59, Rule 94.
(To be accompanied by three copies each of the application and of a statement of Case).
IN THE MATTER OF a Collective mark or a Certification Trade Mark No.
______________ registered in the name of _________________ in class ____.
I (or we) (a) ________________________________ being an aggrieved person/aggrieved persons, hereby apply for an order of the Registrar that :
1. (b) The entry in the Register in respect of the above-mentioned Trade
Mark may be (c) Expunged.
Varied in the following
manner:-
2. (b) The deposited Regulations governing the use of the above-mentioned Trade Mark may be varied in the following manner:-
The grounds (d) of my (or our) application are as follows:-
______________________________________________
The facts and matters set forth in the enclosed statement of case are true to the best of my (or our) knowledge, information and belief.
My (or our) address for service in Pakistan in connection with these preceding is:-
___________________________________________________
Dated this __________ day of__________ 19___.
(e) _________________
To,
The (Federal Government)
(The application should be lodged at
The Trade Marks Registry, at Karachi,
or the (Lahore) Branch of the
Trade Marks Registry),
Karachi.
(a) State full name, address and nationality.
(b) Strike out either paragraph that is not applicable.
(c) Strike out one of these lines.
(d) Specify the grounds.
(e) Signature(s).
1940: Act-V STATUTORY RULES AND ORDERS 105
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-44
Request for entry of a Mark in the Refused Textile Marks List (Rule 104).
I (or we) (a) ___________________ of ____________________________ hereby request that the Mark No.______ submitted for registration in class___________ the Registration of which has been refused, may be entered in the Refused Textile Marks List.
The Mark (is being used) (b) (is proposed to be used) by me (or us) in Pakistan.
Dated this day of 19
Signature _________________
To,
The Registrar of Trade Marks,
The Trade Marks Registry,
Karachi.
Insert name and address of the person who applied for registration.
Strike out the matter not applicable.
1940: Act-V STATUTORY RULES AND ORDERS 106
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-45
Fee: Rs.25.00
Continuation of Mark in the Refused Textile Marks List, Rule 105
I (or We) (a)_______________________________________________________ hereby request that the mark No._____________ in Class___ entered in the Refused Textile List be continued in the said List.
I (or We) hereby declare that the said Trade Mark is being used by me (or us) in Pakistan.
Dated this __________ day of__________ 19___.
(Name of Proprietor _________________
To,
The Registrar of Trade Marks,
Trade Marks Registry,
Karachi.
(a) Insert full name, address and nationality of proprietor.
1940: Act-V STATUTORY RULES AND ORDERS 107
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-46
of the First Schedule
IN THE MATTER OF *the Trade Mark No.__________ registered in _________________________________ Class __________
I (or we) (a)_________________________________ ____________________________ hereby request the Registrar to furnish me (or us) with (b) his certificate to the effect that (c)___________________________________________________________ ____________ (d) a certificate of registration of Trade Mark for use in obtaining registration in___________________________
Dated this___________ day of __________ 19___
(e) _________________
The Registrar of Trade Marks,
The Trade Marks Registry,
Karachi.
*These words be varied to suit other cases.
(a) Insert name, address and nationality of the person making the request.
(b) Strike out words that are not applicable.
(c) Set out the particulars which the Registrar is requested to certify.
(d) Insert the name of country.
(e) Signature of the person making the request.
1940: Act-V STATUTORY RULES AND ORDERS 108
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-47
in the First Schedule
Request for entry on the Register and Advertisement of a Note of Certificate of validity by the Court under section 78 (Rule 85)
IN THE MATTER OF Trade Mark(s) No.(s)__________ registered in
class_____________________ in the name of ________________________________
I (or We) (a)___________________________________________
______________________________________________hereby 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 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 terms of the accompanying officially certified copy of the certificate of validity.
Dated this__________ day of ________ 19___
(c) _________________
The Registrar of Trade Marks,
The Trade Marks Registry,
Karachi.
(a) State the name and address of the Registered proprietor.
(b) 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.
1940: Act-V STATUTORY RULES AND ORDERS 109
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-48
(To be stamped under the Stamp Act, 1899)
Form of Authorization of Agent in a matter or proceeding under the Act
(Section 80 and Rule 10)
I (or We) (a)_______________________________________________ hereby authorize(b)____________________________________________ of ____________________________________________ to Act as my (or our) agent for (c)_____________________________________________________________________
______________________________________________ and request that all notices, requisitions and communications relating thereto may be sent to such agent at the above address.
I (or we) hereby revoke all previous authorizations, if any, in respect of the same matter or proceeding.
Dated this__________ day of ______________ 19___
(d) _________________
Address (e) _________________
(To be struck out if the person appointing the agent desires his own address to be treated as the address for service after registration).
I (or we) also authorize the said (b) ________________ to complete Form TM-50 requesting the entry of address for service as part of my (or our) registration obtained under the above authorization.
Dated this___________ day of ______________ 19___
(d) _________________
(e) _________________
To
The Registrar of Trade Marks,
The Trade Marks Registry,
Karachi.
(a) Insert full name, address and nationality. See rule 8.
(b) Insert name and address of agent.
(c) State the particular matter or proceeding for which the agent is appointed,
giving the reference number if known.
(d) To be signed by the person appointing the agent.
(e) Insert the full trade or business address of the person appointing the agent.
1940: Act-V STATUTORY RULES AND ORDERS 110
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-49
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 Certification Trade Mark No.____________________________________________________ in class in respect of (a)________________________________
(For Official Use)
Advertised in the Trade Marks Journal No. ______________________________ at page _______________on the _______________________ day of ______________________________19 ___ Date of application and registration _____________ 19 ___
(a) Here specify the goods of the registration.
1940: Act-V STATUTORY RULES AND ORDERS 111
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-50
Fee: If left after registration.
See entries Nos. 50 and 51
of the First Schedule. If left at
the time of registration, no fee
Form of request by a Registered Proprietor or a registered User 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.
Rules 9 & 69
Request is made by (a) ______________________________________________who is about to be registered as (or) who is the Registered (b) Proprietor (User) of Trade Marks(s) No.____________________________________________ *registered in class______________________________ for the (c) inclusion, addition, alteration or substitution of an address for service in Pakistan in or to the entry thereof so that the address for service in Pakistan may read : (d)____________________________________________
Dated this__________ day of ____________19____
(e) _________________
To,
The Registrar of Trade Marks,
The Trade Marks Registry,
Karachi.
(a) Here insert the full name and trade or business address of the person making the request.
(b) Strike out from the italicized words those that are not applicable and strike out one of the words ‘Proprietor’ of ‘User as the case may be.
(c) Cancel words that are not applicable.
(d) State here the precise entry or changed entry desired.
(e) Signature.
*Additional numbers may be given in a signed schedule on the back of the form.
1940: Act-V STATUTORY RULES AND ORDERS 112
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
No fee is payable in respect of a request on Form TM-50 to enter an initial address for service as part of a registration if it accompanies one of the Forms TM-11, TM-23, TM-24, or TM-29.
NOTE 1. __A registered proprietor or a registered user whose address for service in Pakistan has been altered by a public authority so that the changed address designates the same premises as before may make also the statement for which there is provision on the back of this Form in order to avoid payment of fees.
NOTE 2. __ By rules 9 and 68 an application on Form TM-50 must be signed by the applicant for registration or the registered proprietor or Registered User, as the case may be or by an agent expressly authorized by him for the purpose of such an application (see Form TM-48), unless in exceptional circumstances the Registrar, otherwise allows.
(To appear on the back of this Form).
(For use only in case of an address of service changed by a public authority, without change of premises).
The change of address, for the entry of which application is made on the other side of this Form was ordered by (a)------- on the ------ day of -----19.
An officially certified copy of the order is enclosed herewith.
Dated this day of 19.
(b)--------------
here insert the name of the public authority ordering the change and the date thereof.
Signature of the Registered Proprietor or Registered User, as the case may be.
1940: Act-V STATUTORY RULES AND ORDERS 113
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-51
of the First Schedule
*Application for registration of trade marks consisting exclusively of a word or words (not being an invented word or invented words) relating solely to Textile Goods. Rule 100.
(To be accompanied by a duplicate of this form and by two additional signed copies of the trademarks)
Application is hereby made for registration of the Trade Marks mentioned in the form annexed hereto in class------- in the name of (a)-------- trading as (b)-------- whose trade or business address is (c)--------- and who claim(s) to be the proprietor(s) thereof(d)-------
Dated this________ day of ________________19____.
Signature of the applicant or agent
To,
The Registrar of Trade Marks,
The Trade Marks Registry,
Karachi.
*This Form to be used for applying for the registration of one or more trade marks by an applicant. Each such trademark will be treated as having been applied for separately for registration and a separate application number will be noted against it by the Trade Marks Registry in column(1) of the annex to this Form.
Insert in block letters the full name, description and nationality of the firm or applicant.
Here insert the trading style (if any).
Insert the full trade business address of the applicant. The number or name of building, name of street, post office and District should be given.
Insert full particulars of the applicants, registration of the trademark, if registered in any of the Commonwealth countries or any other country.
1940: Act-V STATUTORY RULES AND ORDERS 114
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE-contd.
ANNEX TO FORM TM-51. (e).
Application Nos……………………………
Name of Applicant (in block letters)__________________________________________
Address________________________________________________________________
|
Application No.(f) (to be left blank by the applicant). |
Trade Mark. |
Language in which word words is are written. |
Translation in English, if any, of the word or words (in the case words not in the English language). |
Transliteration in Roman characters of the word or words(in the case of words not in Roman characters). |
Description of goods (g) in respect of which registration is sought. |
Whether used before the 25th February, 1937, and if so, the period during which and by whom it has been used in respect of the goods tid |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
|
|
|
|
|
|
|
|
Dated this __________day of____________19
Signature of applicant or agent.
If the space provided in the form is not sufficient, the entries may be continued on additional sheets of paper. The size of each such additional sheet should be the same as that of this form and entries should be made only on one side of the sheet leaving a margin of 1-1/2 inches on the left hand part of the sheet. Each such additional sheet should contain the name and address of the applicant at the top and bear the date and signature of the applicant or agent at the bottom of the applicant or agent at the bottom as above.
To be filled in by the Trade Marks Registry only.
Only goods included in one and the same class should be specified. A separate application is required for each class.
1940: Act-V STATUTORY RULES AND ORDERS 115
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-52
of the First Schedule
*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 not included in any of the items of the Fifth Schedule. Rule 101.
(To be accompanied by a duplicate of this form and by two additional signed copies of the Trade Marks.)
Application is hereby made for registration of the Trade Marks mentioned in the form annexed hereto in class----- in the name of (a)------- trading as (b)------- whose trade or business address is (c)------- and who claim(s) to be the proprietor(s) thereof (d)---------
Dated this______ day of ________________19____.
Signature of the applicant or agent.
To,
The Registrar of Trade Marks,
The Trade Marks Registry,
Karachi.
*This Form to be used for applying for the registration of one or more trade marks by an applicant. Each such trademark will be treated as having been applied for separately for registration and a separate application number will be noted against it by the Trade Marks Registry in column(1) of the annex to this Form.
Insert in block letters the full name, description and nationality of the firm or applicant.
Here insert the trading style (if any).
Insert the full trade business address of the applicant. The number or name of building, name of street, post office and District should be given.
Insert full particulars of the applicants, registration of the trademark, if registered in any of the Commonwealth countries or any other country.
1940: Act-V STATUTORY RULES AND ORDERS 116
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
ANNEX TO FORM TM-52. (e).
Application Nos……………………………
Name of Applicant (in block letters)__________________________________________
Address________________________________________________________________
|
Application No. (f) (to be left blank by applicant) |
Trade Mark |
Description of goods (g) in respect of which registration is sought. |
Whether used before the 25th February, 1937, and if so, the period during which and by whom it has been used in respect of the goods mentioned. |
|
(1) |
(2) |
(3) |
(4) |
|
|
|
|
|
Dated this __________day of____________19
Signature of applicant or agent.
If the space provided in the form is not sufficient, the entries may be continued on additional sheets of paper. The size of each such additional sheet should be the same as that of this form and entries should be made only on one side of the sheet leaving a margin of 1-1/2 inches on the left hand part of the sheet. Each such additional sheet should contain the name and address of the applicant at the top and bear the date and signature of the applicant or agent at the bottom of the applicant or agent at the bottom as above.
To be filled in by the Trade Marks Registry only.
Only goods included in one and the same class should be specified. A separate application is required for each class.
1940: Act-V STATUTORY RULES AND ORDERS 117
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-53
of the First Schedule
Application No……………..
*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 not included in any of the items of the Fifth Schedule. Rule 103.
(To be accompanied by a duplicate of this form and by two additional signed copies of the Trade Marks.)
Application is hereby made for registration of the Trade Marks mentioned in the form annexed hereto in class----- in the name of (a)------- trading as (b)------- whose trade or business address is (c)------- and who claim(s) to be the proprietor(s) thereof (d)---------
Dated this______ day of ________________19____.
Signature of the applicant or agent.
To,
The Registrar of Trade Marks,
The Trade Marks Registry,
Karachi.
*This Form to be used for applying for the registration of one or more trade marks by an applicant. Each such trademark will be treated as having been applied for separately for registration and a separate application number will be noted against it by the Trade Marks Registry in column(1) of the annex to this Form.
Insert in block letters the full name, description and nationality of the firm or applicant.
Here insert the trading style (if any).
Insert the full trade business address of the applicant. The number or name of building, name of street, post office and District should be given.
Insert full particulars of the applicants, registration of the trademark, if registered in any of the Commonwealth countries or any other country.
1940: Act-V STATUTORY RULES AND ORDERS 118
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
ANNEX TO FORM TM-53. (e).
Application Nos……………………………
Name of Applicant (in block letters)__________________________________________
Address________________________________________________________________
|
Application No. (f) (to be left blank by applicant) |
Trade Mark |
Description of goods (g) as per sample (h) attached in each case in respect of which registration is sought. |
Whether used before the 25th February, 1937, and if so, the period during which and by whom it has been used in respect of the goods mentioned. |
|
(1) |
(2) |
(3) |
(4) |
|
|
|
|
|
Dated this __________day of____________19
Signature of applicant or agent.
If the space provided in the form is not sufficient, the entries may be continued on additional sheets of paper. The size of each such additional sheet should be the same as that of this form and entries should be made only on one side of the sheet leaving a margin of 1-1/2 inches on the left hand part of the sheet. Each such additional sheet should contain the name and address of the applicant at the top and bear the date and signature of the applicant or agent at the bottom of the applicant or agent at the bottom as above.
To be filled in by the Trade Marks Registry only.
Only goods included in one and the same class should be specified. A separate application is required for each class.
Each sample should be mounted on separate sheet of paper of the same size as of this form and its description as used in the form should be given below the sample. Each such sheet should bear the date and signature of the applicant or agent.
1940: Act-V STATUTORY RULES AND ORDERS 119
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-54
The Registrar is hereby request under rule 87 to search in Class* ----- in respect of (a)------- to ascertain whether any trade marks are on record which resemble the trade mark sent herewith in duplicate (each representation being mounted on a sheet of strong paper approximately 13 inches by 8 inches in size).
Dated this______ day of ________________19____.
(b)------------------------
(c)-------------------
*The Registrar’s direction should be obtained if the class is not known.
Here specify the goods (in the class stated) in respect of which the search is to be made.
Signature.
Address.
1940: Act-V STATUTORY RULES AND ORDERS 120
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TM-55
Application for Extension of Time
See, rule 24(2) and rule 76)
Application No……………..
Application is hereby made by (a)______________ for extension of time by
__________________________ month(s), for complying with the requirements of the Registrar communicated under his letter No.________________________________ dated the ______________________________ or (strike the portion not required) for filing notice of opposition or counter-statement to registration of a trade mark No.______________________ in class _________ advertised in Trade Marks Journal No._____ at page_____ on the day of_________ 19_____, or (strike the portion not required) for supplying evidence in support of the application/opposition proceedings.
The reasons for making application are as under:-
Dated this___________ day of _____________19____.
(b) _________________
To,
The Registrar of Trade Marks,
The Trade Marks Registry,
Karachi.
(a) Insert full name, address and nationality of the applicant.
(b) Signature of the applicant.
1940: Act-V STATUTORY RULES AND ORDERS 121
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
Fee: Rs.30
Restoration of the Trade Mark abandoned for non-compliance of the requirements of the Registry.
[See section 16(3) and rule 24(2)
I, (or we) (a) __________________________________ hereby request that the Trade Mark No.______________ in class______________________________ be restored to the file and be proceeded with according to the Rules.
The application was abandoned, vide letter No.____________ dated the ___________________from the Registry.
The reasons for making the application are as under:-
Dated this_____________ day of _____________19____
(c) _________________
To,
The Registrar of Trade Marks,
The Trade Marks Registry,
Karachi.
(a) Insert full name, address and nationality of the applicant.
(b) Signature of the applicant.
1940: Act-V STATUTORY RULES AND ORDERS 122
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TMA-1
Application for registration as a trademark agent. Rule 131
(To be filed in duplicate)
I beg to apply for registration as a trademark agent under the Trade Marks Act, 1940.
(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 129 of the Trade Marks Rules and that the information given below is true to the best of my knowledge and belief:-
1. Name in full beginning with surname, if any (in capital letters)_____
2. Permanent home address_________________________________
3. Place or places of business________________________________
4. Father’ s name___________________________________
5. Nationality_______________________________
6. Date and place of birth____________________
7. Period of residence in Pakistan__________________________
8. Occupation in full _____________________________________
9. Particulars of qualifications for registration as a trade mark agent
(b)_____________________________________
10. Whether at any time removed from the Register of trade mark agents and, if so, the reasons for such removal_______________________________
Signed:_________________
Date_____________________
To,
The 1[Federal Government],
Through the Trade Marks Registry,
Karachi.
(a) The certificate testifying to the character of the candidate should be from a person not related to the candidate and being a District magistrate or the 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 authorized 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.]
1940: Act-V STATUTORY RULES AND ORDERS 123
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TMA-2
Application for the restoration of the name of a person to the Agents’ Registrar (Rule 136)
(To be filed in duplicate)
I, (a) __________________________________ of _____________________________ hereby apply for the restoration of my name to the Agents’ Register in which my name was entered under No.______________________
My name was removed on ______________________________________________ under clause (a), (b), (c), or (d) of rule 135(1)&(2) of the Trade Marks Rules, 1963.
Dated this................ day of ............................... 19.....
Signed _________________
To,
The 1[Federal Government],
Through the Trade Marks Registry,
Karachi.
(a) Insert name and address in full.
1940: Act-V STATUTORY RULES AND ORDERS 124
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM TMA-3
Application for an alteration of any entry in the Agents’ Register. (Rule 137)
(To be filed in duplicate)
I, (a) ____________________________________ of ___________________________ being a registered agent (Registration No._____________) hereby request that my name, address, business address or qualifications entered in the Agents’ Register may be altered as follows:-
______________________
______________________
______________________
Dated this................ day of ............................... 19.....
Signed _________________
To,
The 1[Federal Government],
Through the Trade Marks Registry,
Karachi.
(a) Insert name and address in full.
1940: Act-V STATUTORY RULES AND ORDERS 125
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
[See rule 4]
FORMS TO BE USED BY THE REGISTRAR
LIST OF FORMS
|
Form No. |
Section |
Title |
|
|
|
|
|
0-1 |
16(3) |
Notice of Non completion of Registration. |
|
|
|
|
|
0-2 |
16(2) |
Certificate of Registration of Trade Marks. |
|
|
|
|
|
0-3 |
18(3) |
Notice of expiration of last Registration. |
|
|
|
|
|
(0-3A |
Sec.46(4); and |
Notice of rectification of the Register; and Rule 67A. |
1940: Act-V STATUTORY RULES AND ORDERS 126
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM O-1
GOVERNMENT OF PAKISTAN
THE TRADE MARKS REGISTRY, KARACHI
TRADE MARKS ACT, 1940
Notice of Non-completion of Registration. Section 16(3). Rule 40
No.......................................
Notice is hereby given, as required by section 16(3) of the Trade Marks Act, 1940, that the registration of the trade mark, in respect of which application numbered as above was made on the ------------------------ day of ------------19-- has not been completed by reason 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 .......................... 19.....
Registrar of Trade Marks.
To,
................................................
................................................
1940: Act-V STATUTORY RULES AND ORDERS 127
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM O-2
GOVERNMENT OF PAKISTAN
THE TRADE MARKS REGISTRY, KARACHI
Certificate of Registration of Trade Mark. Section 16(2), Rule 44
TRADE MARK No............................
Dated.............................
Certified that the Trade Mark, of which a representation is annexed hereto has been registered in the name of.................................................................... ............................................ in class .................................... under No................................................................ as of the date ........................................................................ in respect of ..................................................................... Sealed at my direction, this .................................................. day of ..................... 19.....
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 thereafter. (See section 18 of the Trade Marks Act,1940 and rules 46-49 of the Trade Marks Rules, 1963.
This certificate is not for use in legal proceedings or for obtaining registration abroad.
Note.__ Upon any change of ownership of this Trade Mark, or change in address, application should at once be made to register the change.
____________
1940: Act-V STATUTORY RULES AND ORDERS 128
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM O-3
GOVERNMENT OF PAKISTAN
THE TRADE MARKS REGISTRY, KARACHI
TRADE MARKS ACT, 1940
Notice of expiration of last Registration. Section 18(3),Rule 47
Registered Trade Mark No............................
Class.......................
Notice is hereby given as required in section 18(3) of the Trade Marks Act, 1940, that the registration of the aforesaid trademark 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.
Dated this............................day of...................19.....
Registrar of Trade Marks.
_________
1940: Act-V STATUTORY RULES AND ORDERS 129
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
Form 0-3A
TRADE MARKS ACT, 1940
Notice by the Registrar to rectify the Register.
Section-section (4) of section 46 and Rule 67A.
From: The Registrar of Trade Marks, Karachi.
To: ----------
------------
-----------
Subject:- Registered trade mark No.------ in class-----
in the name of ------------------
Sir,
In pursuance of sub-section (4) of section 46 of the Trade Marks Act, 1940 (V of 1940), you are hereby called upon to show cause as to why the registration of the trademark referred to above may not be cancelled or varied or expunged on the grounds that:-
(i)
(ii)
(iii)
In case you have any objection to this you may send your reply in writing or appear before the Registrar in person or through an authorized agent or attorney at----------------------
On the ------------------- day of ---------------------------19 ------------ at----------a.m.,
For hearing, failing which the registration may be cancelled or varied or expunged from the Register without any further communication.
1940: Act-V STATUTORY RULES AND ORDERS 130
(Under section 84,-Revised Trade Marks Rules)
SECOND SCHEDULE ____contd.
FORM O-4.
GOVERNMENT OF PAKISTAN
MINISTRY OF COMMERCE
TRADE MARKS ACT, 1940
[Rule 133]
No............................
This is to certify that.................................................. of
...........................................................................................
was registered on this............................................day of ................................19......, in the Register of trade mark agents maintained under rule 127 of the Trade Marks Rules, 1963.
Section Officer to the Government of Pakistan
Ministry of Commerce
___________
1940: Act-V STATUTORY RULES AND ORDERS 131
(Under section 84,-Revised Trade Marks Rules)
THE FORTH SCHEDULE
(Sec rule 11)
Classification of Goods
Names of the Classes
(Parts of an article or apparatus are, in general, classified with the actual article or apparatus, except where such parts constitute articles in included in other classes).
Chemical products used in industry, sciences, photography, agriculture, horticulture, forestry; manures (natural and artificial) ; fire extinguishing compositions ; tempering substances and chemical preparations for soldering, chemical substances for preserving foodstuffs ; tanning substances; adhesive substances used in industry.
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colouring matters, dyestuffs mordents ; resins ; metals in foil and powder form for painters, decorators, printers and artist.
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions ; dentifrices.
Industrial oils and greases (other than edible oils and fats and essential oils) ; lubricants; dust laying and absorbing compositions ; fuels (including spirit) and illuminants; candles, tapers nightlights and wicks.
Pharmaceutical, veterinary and sanitary substances ; infants’ and invalids’ foods; plasters, materials for bandaging ; materials for stopping teeth, dental wax ; disinfectant; preparations for killing weeds and destroying vermin.
Unwrought and partly wrought common metals and their alloys; anchors, anvils, bells, rolled and cast building materials ; rails and other metallic material for railway tracks ; chains (except driving chains for vehicles); cables and wires (non-electric); locksmith’s work ; metallic pipes and tubes; safes and cash boxes ; steel ball ; horseshoes ;nails and screws; other goods in non-precious metal not included in other classes; ores.
1940: Act-V STATUTORY RULES AND ORDERS 132
(Under section 84,-Revised Trade Marks Rules)
Machines and machine tools ; motors (except for vehicles) ; machines coupling and belting (except for vehicles); large size agricultural implements incubators.
Hand tools and instruments ; cutlery; forks and spoons ; side arms.
Scientific nautical, surveying and electrical apparatus and instruments (including wireless), photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instrument; coin or counter-freed apparatus ; talking machines ; cash registers : calculating machines, fire-extinguishing apparatus.
Surgical, medical, dental and veterinary apparatus and instruments (including artificial limbs, eyes and teeth).
Installations for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
Vehicles ; apparatus for locomotion by land, air or water.
Firearms ; ammunition and projectiles ; explosives substances ; fireworks.
Precious metals and their alloys and goods in precious metal or coated therewith (except cutlery, forks and spoons) ; jewellery ; precious stones ; horological and other chronometric instruments.
Musical instruments (other than talking machines and wireless apparatus).
Paper and paper articles, cardboard and cardboard articles ; printed matter; newspapers and periodicals, books ; bookbinding material; photographs; stationery; adhesives materials (stationery) ; artists’ materials ; paint brushes; typewriters and office requisites (other than furniture); instructional and teaching material (other than apparatus); playing cards ; (printers’) type and clichés (stereotype).
Gutta percha, India-rubber, balata and substitutes, articles made from these substances and not included in other classes ; materials for packing, stopping and insulating materials ; asbestos, mica and their products ; hose pipes (non-metallic).
1940: Act-V STATUTORY RULES AND ORDERS 133
(Under section 84,-Revised Trade Marks Rules)
Leather and imitations of leather, and articles made from these materials and not included in other classes ; skins, hides ; trunks and traveling bags; umbrellas, parasols and walking sticks ; whips, harness and saddlery.
Building materials, natural and artificial stone, cement, lime, mortar, plaster and gravel ; pipes of earthenware or cement ; road-making, materials ; asphalt, pitch and bitumen ; portable buildings; stone monuments ; chimney pots..
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, celluloid, and substitutes for all these materials.
Small domestic utensils and containers (not of precious metal or coated therewith;) combs and sponges; brushes (except paint brushes); brush-making materials; instruments and material for cleaning purposes; steel wool ; glassware, porcelain and earthenware not included in other classes
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks, padding and stuffing materials (hair, capoc, feathers, seaweed, etc.) ; raw fibrous textile materials.
Yarns and threads.
Tissues (piece goods) ; bed and table covers ; textiles articles not included in other classes;.
Clothing, including boots, shoes and slippers.
Lace and embroidery, ribands and braid; buttons, press buttons, hooks and eyes, pins and needles; artificial flowers.
Carpets, rugs, mats and matting, linoleum and other materials for covering floors; wall hangings (non-textile).
Games and playthings; gymnastic and sporting articles (except clothing); ornaments and decorations for Christmas trees.
1940: Act-V STATUTORY RULES AND ORDERS 134
(Under section 84,-Revised Trade Marks Rules)
Meat, fish, poultry and game ; meat extracts ; preserved, dried and cooked fruits and vegetables; jellies, jams, eggs, milk and other dairy products ; edible oils and fats ; preserves ; pickles.
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.
Agricultural, horticultural and forestry products and grains not included in other classes ; living animals; fresh fruits and vegetables; seeds; live plants and flowers ; foodstuffs for animals ; malt.
Beers, ale and porter ; mineral and aerated waters and other non- alcoholic drinks; syrups and other preparations for making beverages.
Wine, spirits and liquors.
Tobacco, raw or manufactured ; smokers’ articles; matches.
1940: Act-V STATUTORY RULES AND ORDERS 135
(Under section 84,-Revised Trade Marks Rules)
THE FIFTH SCHEDULE
(See rule 102)
List of items of textile goods referred to in Rule 102
No of item :
Grey Long cloth, Shirtings, Sheetings, Printers and Leopard Cloth- including all above mentioned gery cloths with no colour in the body except a woven coloured heading.
Grey Drills, Jeans and Ducks-including only grey cloth and not Striped Drills with grey grounds.
Grey Twills.-See note under item I.
Grey Salitha, T-Cloths and Domestics.-See note under item I.
Grey coarse Cloth.- See note under item I.
Grey Chadars of Plain Weave and Khadi Chadars.-Including all chadars of plain weave with no colour in body but with or without a woven coloured heading or fancy heading, but not including Check Chadars and Striped Chadars.
Grey Chadars of Twill Weave.-Including only grey twill chadars with no colour in the body except a woven coloured heading.
Grey Dhoties;-This item relates only to grey ground dhotis (of all dimensions) with or without artificial silk, coloured yarn, folded yarn or printed border and headings.
Grey Saries and scarves and Sari Cloth.-Including only grey ground saries (of all dimensions with or with out artificial silk, coloured yarn or printed borders and headings and sari cloth in piece length but not including saries with striped or check grounds, and dyed and printed saries.
Grey Dosuiti.- See note under item I.
Grey Jaconets, Jagannathi, Mulls and Mulmulls.- See note under item I.
Grey Pugree Cloth.- See note under item I.
Grey Matting Weave and Canvas.- See note under item I.
Sambura Cloth.-Grey Drill with red and black headings and coloured runner in centre.
Whole Grey Dobby Cloth and Doria.- See note under item I.
Bleached Long cloth, Shirtings, Sheetings and Printers.-Including all the above-mentioned plain cloths with no colour in the body except a woven coloured heading.
Bleached Drills, Jeans and Duck.- See note under item XVI.
1940: Act-V STATUTORY RULES AND ORDERS 136
(Under section 84,-Revised Trade Marks Rules)
Bleached Twills.- See note under item XVI.-This item does not include Striped Twills on bleached ground.
Bleached T. Clothes and Domestics.- See note under item XVI.
Bleached Coarse Cloth.- See note under item XVI.
Bleached Chadars.-Including Chadars of plain and twill weave.
Bleached Mulls, Jaconets and Nainsooks.- See note under item XVI.
Bleached Madapollams and Cambrics.- See note under item XVI.
Bleached Dhoties.-This item relates only to plain bleached ground dhotis (of all dimensions) with artificial silk, coloured yarn, folded yarn or printed borders and headings.
Bleached Saries and Scarves.-Including only plain bleached ground saries (of all dimensions) with artificial silk, coloured yarn or printed borders and headings, but not including saries with stripes or checks and dyed and printed saries.
Bleached Dosuti.- See note under item XVI.
Bleached Voiles and Muslins.- See note under item XVI.
Bleached Dorias and fancies.-Including bleached cloth with bleached folded yarn, stripes or checks.
Bleached Matting Weave and Canvas.- See note under item XVI.
Bleached Pugree Cloth.- See note under item XVI.
Embroidered Voiles, Muslins, etc.- Bleached.
Bleached Flannel and Flanneletes and all bleached cloths raised on one side.
Dyed Longcloth, Shirtings and Sheetings.-Including the abovementioned cloths dyed in the piece.
Dyed Drills.- See note under item XXXIII. This item also includes coloured warp or weft drills.
Dyed Twills.- See note under item XXXIII.
Dyed T-Cloths and Domestics.- See note under item XXXIII.
Dyed Coarse Cloth.- See note under item XXXIII.
Dyed Chadars.- See note under item XXXIII.
Dyed Dhoties, Saries and Shawls.- This item Includes dhotis, saries or shawls dyed in the piece.
DyedFancies.-Including fancies with single colour warp or weft fancies or printed yarn in the warp or weft or both.
Dyed Pugree Cloth.- See note under item XXXIII.
Dyed Voiles.-Including bordered voiles.
Dyed Flannelettes.-Including Grey and self-coloured flannelettes and all dyed cloths raised on one side.
Dyed Mulls.
1940: Act-V STATUTORY RULES AND ORDERS 137
(Under section 84,-Revised Trade Marks Rules)
Dyed Umbrella Cloth.
Coatings and Trouseings (including Shloapuri, Madars Cloth, Sunproof Cloth, Tussore, Kashmere Cloth, Serges, Thana Cloth, Tweeds). In addition to the goods enumerated above, this item includes cotton dyed coatings and coatings with artificial silk in the warp or in the weft as stripes or checks, either alone or in combination with dyed cotton yarn.
Striped Drills and Jeans and Striped Twills.-Including striped drills or twills with grey, bleached or coloured ground.
Bed Ticking.-With coloured warp and grey or bleached weft.
Striped Coarse Cloth.-Including both grey and bleached grounds.
Striped Shirtings, Striped Susis and Striped Zephyrs.-Including striped shirtings, etc., either grey, bleached or coloured ground but not including artificial silk striped goods.
Check shirtings, check susis and check Zephyrs.- See note under item L.
Check Chadars.-Including plain check chadar and twill check chadar on grey, bleached or coloured ground.
Lungis and Sarongs.
Woven Coloured Saries and Scarves. The includes saries and scarves with striped or check grounds, but does not include saries and scarves in which there is artificial silk in the body of the cloth.
Check Cholas and Gumchas.
Artificial Silk Striped Shirtings.-This includes artificial silk shirtings with (a) an artificial silk warp and weft ; (b)an artificial silk warp or weft ; or (c)artificial silk only in stripes, either alone or in combination with coloured cotton yarn.
Artificial Silk Check Shirtings,-On grey, white and coloured grounds.
Artificial Silk Brocades and “All Over Styles”.
Artificial Silk Dhoties, Saries and Scarves and Sari Cloth.-This item includes dhotis and saries in which an artificial silk warp or weft or both are used. It does not include dhotis, etc., in which artificial silk is used only in the border.
Crepe Cloth-grey, bleached and dyed.-This item also includes crepe cloth yarn printed.
Dyed and Striped Dosuti.-Including striped dosuti bleached in the piece.
Printed Dhoties, Shawls, Rumals, Saries, and other printed garments.-Including voile saries also.
Printed Shirtings-grey, bleached and dyed grounds.
Striped, Check and Printed Flannelettes.
Pure Silk Saries.
1940: Act-V STATUTORY RULES AND ORDERS 138
(Under section 84,-Revised Trade Marks Rules)
Leno and Mockleno, Bandage Cloth-Grey, bleached, dyed or striped, including Gauze Cloth also.
Terry Towels-grey, bleached, dyed striped or checked.
Huckaback Towels-grey, bleached, dyed striped or checked.
Honey Comb Towels- grey, bleached, dyed striped or checked.
All Other towels.
(a) Dusters, Handkerchiefs, Rumals and Glass Cloth (serviettes).
(b) Table Cloth and table covers, napkins.
Dobby and Jacquard Chadars, Bedapreads, Quilts and Counterpanes- grey, bleached or coloured.
Blankets and Malida Cloth-all types, including cotoon and wool union blankets also.
Durries and carpets, including satranji (floor carpets).
Dyed and coloured Canvas-dyed or woven coloured.
Artificial Silk Zephyrs, Alpaca, Crepe, etc. Plain and fancy grounds (whole colour and unstirped).
Motor Hood Cloth.
Buckrum Cloth-grey, bleached and dyed.
Streiped voiles-bleached and/or dyed in the piece.
Printed Volies-grey, baleached and dyed.
Mookta Cloth.-This cloth is woven with cotton warp and flax weft.
Artificial Silk Tapestry and Upholstering Fabrics.
Bedford Cord-bleached and dyed.
Printed Crepe-grey, bleached or dyed grounds.
Pure Silk Coatings-plain, striped or checked. This item also includes Fibro and Artificial Silk Coatings.
Pure Silk Shirtings-plain, striped or checked.
Printed Drills, Twills and Jeans.
Corded Voiles-bleached, coloured, printed and bordered.
Printed Boski-Artificial Silk warp, weft or both.
Artificial Silk Striped Voiles-grey, bleached and dyed, voiles with artificial silk stripes in the body of the cloth.
Bordered Voiles-bleached, dyed and printed (with or without artificial silk border).
Artificial Silk Satins-including satins made from 100 per cent artificial silk or artificial silk in the warp or with.
Check Voiles-grey, bleached and dyed. (This item contains cotton voiles with grey, bleached or coloured grounds with check designs all over the body of the cloth).
Grey Flannelettes, including all grey cloths raised on one side.
1940: Act-V STATUTORY RULES AND ORDERS 139
(Under section 84,-Revised Trade Marks Rules)
THE SIXTH SCHEDULE
(See rule 81)
Scale of Costs allowable in proceedings before the Registrar (Rule 81)
Entry Matter in respect of which
No. cost is to be awarded
________________________________________________________________________
Rs.
1. For one day’s hearing involving examination of witnesses.. 150
2. For one day’s hearing when there is no examination of witnesses.. 100
3. For adjournment of hearing granted on the petition of an party.. .. 30 plus cost of re-summoning the other parties, witnesses who were due to be examined on the day.
|
Entry No. |
Matter in respect of which cost is to be awarded |
Amount |
|
|
|
|
|
1. |
For one day’s hearing involving examination of witnesses.. |
15 |
|
|
|
|
|
2. |
For one day’s hearing when there is no examination of witnesses.. |
100 |
|
|
|
|
|
3. |
For adjournment of hearing granted on the petition of an party.. .. |
30 plus cost of re-summoning the other parties, witnesses who were due to be examined on the day. |
|
|
|
|
|
4. |
For striking out scandalous matter from an affidavit |
4 |
1940: Act-V STATUTORY RULES AND ORDERS 140
(Under section 84,-Revised Trade Marks Rules)
|
|
|
|
|
5. |
For attendance of witnesses--- Subsistence allowance ………. Traveling allowance-------- By Train .. ..
By Road .. .. |
6 (vide Note below).
Actual fare each way (vide Note below) At 37 Paisa per mile (vide Note below). |
|
|
|
|
|
6. |
Commission for examination of witnesses |
4 for each day’s sitting. |
NOTE.- The rates of subsistence allowance and traveling allowance for witnesses shall vary according to the status of the witnesses, subject to the maximum prescribed above.
THE SEVENTH SCHEDULE
[See rule 114(1)]
List of Associations referred to in rule 114(1)
|
|
Names of Associations |
Number of persons to recommended. |
|
1. |
Federation of Pakistan Chambers of Commerce and Industry, Karachi .. .. .. |
3 |
|
2. |
Dacca Chamber of Commerce and Industry, Dacca |
1 |
|
3. |
Chamber of Commerce and Industry, Karachi |
1 |
|
4. |
Pakistan Jute Association, Narayanganj |
1 |
|
5. |
All-Pakistan Textile Mills Association, Karachi |
1 |
|
6. |
Pakistan Cotton Ginners association, Hyderabad |
1 |
|
7. |
Pakistan Yarn Merchants Association, Karachi |
1 |
|
8. |
The Pakistan Jute Mills, Association, Dacca |
1 |
|
9. |
Pakistan Silk & Rayon Mills Association, Karachi |
1 |
|
10. |
Pakistan Hosiery Manufactures Association, Karachi |
1 |
|
11. |
Pakistan Woollen Mill Owner’s Association Rawalpindi |
1 |