Trademark Search Guide — Pakistan (How to Check & Prepare Before Filing)
Trademark Search Guide — Pakistan
Why you MUST search before filing
Doing a proper trademark search is the single most important step before filing an application. It reduces the risk of refusal, prevents costly oppositions, and helps you choose a brand that is registrable and enforceable.
Quick tool — Open IPO Pakistan Trademark Search
Step-by-step: How to run an effective trademark search
- Decide the mark(s) you will search: word mark (name), logo/device, or both. Search both exact and close variations.
- Identify goods & services: Use the Nice Classification (class number) or the IPO’s class options — narrow down which class(es) your product or service fits into.
- Search word marks first: Enter exact spellings, plural/singular variations, and common misspellings (e.g., “BrightX” / “Bright-X”).
- Search similar-looking logos: If your mark includes a logo, use the device/logo search or visually compare existing marks in the same class.
- Check phonetic and conceptual similarity: Marks that sound alike (phonetic) or convey the same idea (conceptual) can be conflicting even if spellings differ.
- Record findings: Save or screenshot search results, noting application/registration numbers, dates, and owner names for any potentially conflicting marks.
Tip: A thorough search includes exact matches, near matches, translations, transliterations, and logo/device comparisons. If you find similar marks in your class, consider revising the mark or consulting an IP lawyer.
Understanding trademark search results
IPO search results typically show:
- Application / Registration number — use this to track status
- Proprietor / Owner name
- Goods & Services — check the classes claimed
- Status — applied, registered, opposed, abandoned, or expired
What counts as a conflict?
A mark may conflict with yours if it is likely to cause confusion among consumers. Key factors include:
- Similarity of marks (visual, phonetic or conceptual)
- Overlap in goods or services (same class or closely related classes)
- Market channels and target consumers
- Fame or distinctiveness of an earlier mark
Classification quick-reference
If you’re not sure which class fits, here are common examples:
Common Sector | Typical Nice Class |
---|---|
Clothing, apparel | Class 25 |
Software, SaaS, mobile apps | Class 9 / 42 (services & software) |
Restaurants, catering | Class 43 |
Cosmetics, skincare | Class 3 |
Financial services, fintech | Class 36 / 35 (services) |
Common pitfalls and how to avoid them
- Only searching exact spelling: also search variations, transliterations (Urdu/English) and common misspellings.
- Ignoring logos: always check device/logo records if your mark uses a design element.
- Not checking related classes: a mark in a closely related class can still block your registration.
- Assuming online domain availability = registrability: domain availability is useful but not determinative for trademark clearance.
Next steps after your search
- No conflicts found: prepare to file — consider filing in multiple classes if needed and keep evidence of your search.
- Potential conflicts found: evaluate risk — if the earlier mark is registered for identical goods/services, consider changing the mark or seeking a coexistence agreement.
- Famous or well-known marks: avoid using or adapting marks that are well-known (internationally or locally) — these enjoy broader protection.
Filing basics — what you’ll need
- Applicant’s name, address and nationality
- Clear representation of the mark (JPEG / PNG for logos) and a description
- List of goods & services with class numbers
- Power of attorney if filing through an agent (optional)
- Filing fee (check IPO Pakistan fee schedule)
When to hire a trademark attorney
Consider professional help if:
- You find similar marks and need legal risk assessment
- Your business plans to use the mark internationally
- You want help drafting class descriptions and responding to objections
- You face opposition or cancellation proceedings
Useful link: IPO Pakistan trademark search — search.ipo.gov.pk
Checklist before you file
- Conducted comprehensive search (words & logos)
- Recorded and saved search screenshots and references
- Chosen appropriate class(es) for goods/services
- Prepared clear logo files and mark description
- Budgeted for filing and possible opposition costs
Comments
Post a Comment