Many people confuse, due to lack of knowledge and awareness, Intellectual Property with the concept of immoveable property or land law; however, the two are totally different concepts of law. Being an intellectual property enthusiast, I was compelled to write and explain, in basic and simple terms, the idea of Intellectual Property.

What Is Intellectual Property?

Intellectual Property is anything created by a human mind or intellect having capability of ownership. Of course, in legal terms, an expert could write numerous paragraphs explaining in detail about the special qualities of an Intellectual Property; but, for a basic understanding, the explanation is a good starting point.

The Governing Body of Intellectual Property Laws in Pakistan

The Federal Government, in compliance with the TRIPS Agreement and WIPO guidelines, has the responsibility of registering a trademark as it is a property capable of registering, like a business entity or a piece of land. In Pakistan, the enforcement body is the Intellectual Property Organization (IPO), established in 2005 to manage intellectual property rights.

The Adjudicating Body of Intellectual Property Laws in Pakistan

Intellectual Property Tribunals adjudicate all first instance Intellectual Property disputes except which may be adjudicated directly by the territorial Court or the Copyright Board.

The Five Categories of Intellectual Property

• Trademark: A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.
• Copyright: Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawing.
• Patents: A patent is an exclusive right granted for an invention.
• Industrial design: Industrial design is the ornamental aspect of an article.
• Geographical Indication: A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.

We can also classify Trade secrets within this category except that its protection cannot be ensured once the trade secret is revealed to anyone. Moving further, we will discuss trademark in detail below.

What Is a Trademark?

A trademark is a sign or an illustration which prompts the consumer to identify that a product or a service originates from a particular enterprise.

To understand it in simple terms, let’s consider the example of the logo of Toyota, which is a circle with a creatively written “T”. Now, if I ask you whether on showing you the logo, will you be able to determine that it represents Toyota? I presume that the answer would be yes, since the logo is capable of distinguishing Toyota from other brands and that a consumer will not confusingly buy a Toyota in guise of buying a Honda.

Thus, I reiterate that a trademark is an intellectual creation in order to distinguish a product emanating from a business from the product of another business.

What Is Capable of Becoming a Trademark?

We can simply undertake the exercise of considering whether a logo of a product can distinguish it from other logos. If a logo fulfils this criterion, it can be registered as a trademark. Therefore, Nike’s famous swoosh, adidas’ three stripes, Shan’s word mark, Cocomo, Shahi Supari, Olpers, J., Toyota or Corolla or Yaris are all capable of being a registrable trademark.

What Is a Classification in Terms of Trademark?

It is pertinent to note that a trademark is registered according to categories of classifications or class, which means that for registration, a business would need to determine the classification of the trademark by considering the goods or services that it will be offering under the trademark. The classification that is predominantly followed is the Nice Classification (named after the city “Nice” in France). Classifications of a trademark are categories within which the trademark will operate, and it sorts goods (Class 1–34) or services (Class 35–45) in a systematic form making it convenient and easy to comprehend. As an example, Class 1 includes, amongst other goods, chemicals used in agriculture, industry, photography etc. Class 9 includes computer software etc. This establishes that a business intending to register a trademark for using in relation to software would register itself within Class 09; however, this does not restrict the business to not register the same trademark in another class unless it will infringe or reduce another business’s rights operating in that classification.

The Registration Process in Pakistan

A person interested in securing a trademark shall apply through the form TM-01 by filling it with relevant details of the trademark and categorizing the classification of the trademark applied for. The Registrar or the Registrar’s office of the Intellectual Property Organization Pakistan will accept the application and may issue preliminary objections if the trademark applied for is similar to a trademark already registered or in the process of being registered. If such a situation arises, a reasonable reply needs to be submitted for the satisfaction of the Registrar. The application will be marked by a special registration number designated to it, which will then move on to advertisement of the trademark in the specially created trademark journal that is published as a newspaper on the website of the Intellectual Property Organization Pakistan.

This is a stage of invitation of any opposition by another business which considers that the trademark applied for will potentially hinder their business or cause confusion on the part of the consumers. The Opponent shall apply through form TM-05 to oppose the application, which can be replied to by the Applicant through the form TM-06. When opposition proceedings are underway, an application does not move to the further stage until a decision is reached and which is not challenged in appeal. This may be avoided, as is usually the case, where the opponent and the Applicant reach an amicable settlement by either removing the potentially infringing part of the trademark or the Opponent simply allows the Applicant to pursue the business if they operate in another classification.

If no opposition is received, the trademark moves on to the further stage where a demand note is issued and, by submitting the nominal fees, the certificate of registration of trademark is issued.

The Intellectual Property Organization, Pakistan has introduced a website through which the forms can be submitted online for the convenience of business owners. All such details can be viewed from the website of the Intellectual Property Organization, Pakistan.

The Timeframe of the Procedure

It takes around 11–13 months (minimum) for completion of registration of a trademark if an opposition is not received; on the other hand, in case of opposition, it will be the timeframe for the proceedings of the opposition and the minimum time stated above.

Benefits of Registration of a Trademark

Besides the business of Intellectual Property attorneys, there are several benefits to the business itself by registering a trademark.

First of which would be the establishing of a company’s value and recognition. A registered trademark coupled with marketing creates a valuable reputation; the consumers will mark the trademark as a symbol of pride and honour and a way to communicate their own exemplary choices. This is visible in the clothing and lifestyle segment where consumers purchase goods from reputable brands because of, first, the value of the registered trademark and then due to the high standard of products. We can consider examples of Gul Ahmed, KHAADI, Al-Karam, whose name or, as we should mention, its registered trademarks that have created an exceptional enterprise associated with superior products.

Secondly, registration confers the exclusive right of using the trademark which enables the business to oppose other businesses using a similar trademark. The business would also be able to use the Registered “®” ahead of their businesses enabling consumers to be assured of the business’s considerable standards.

A registered trademark has a force to create customer loyalty. Indeed, Nike’s swoosh can be identified from afar, even if one sees the same on a bull (jokes aside). If we consider how a brand like Nike has spent exceptionally in order to innovatively design its swoosh and protect its trademark through registration, the reason for its extraordinary success can be witnessed.

Conclusion

It is essential to recognize the relevance of Intellectual Property in terms of business development and commerce. Emphasis must be placed on trademark protection since it is a core part of business development and which, in return, assists in gaining consumer loyalty. Collectively, our priorities must be shifted towards Intellectual Property development, so that Pakistan aligns with the modern framework of the developed world, at least in terms of policy.