Well-Known Marks in Pakistan: Enhanced Protection Under the TMO

How well-known trademarks receive broader protection even without registration in Pakistan.

S.86 of the Trade Marks Ordinance 2001 provides special protection for well-known marks, even if they are not registered in Pakistan. A well-known mark is protected against use in relation to dissimilar goods or services if the use would take unfair advantage of or be detrimental to the distinctive character or repute of the mark. This is significant for international brands operating in Pakistan. The Registrar and courts consider factors including the degree of knowledge of the mark in the relevant sector, the duration and extent of use, and the extent of promotion.

The intellectual property landscape in Pakistan has evolved significantly since the establishment of IPO Pakistan in 2012. With the IP Tribunal providing specialised adjudication and Pakistan's obligations under the TRIPS Agreement driving legislative reform, businesses and creators now have stronger tools for protecting their innovations and brands. However, enforcement remains challenging, particularly in the area of counterfeit goods and online piracy, making proactive registration and monitoring essential.

Pakistani courts have increasingly recognised the importance of IP rights. The Lahore, Islamabad, and Sindh High Courts have granted ex parte injunctions in meritorious infringement cases, and the criminal provisions of the Trade Marks Ordinance and Copyright Ordinance provide a meaningful deterrent when enforced through the FIA and local police. For businesses operating across borders, Pakistan's membership in the Paris Convention, PCT, and Madrid Protocol (for trademarks) provides mechanisms for international protection.

How LexForm Can Help

LexForm provides comprehensive IP legal services across Pakistan, the UK, and the US. We handle trademark registration, patent filing, copyright enforcement, IP litigation before the IP Tribunal and High Courts, licensing agreements, and anti-counterfeiting actions. Our team has experience with IPO Pakistan, the UK Intellectual Property Office, and the USPTO. For a free initial assessment of your IP matter, contact us at info@lex-form.com or WhatsApp +92-323-2999999.