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Trademark Infringement in Pakistan

A trademark is a unique symbol that represents the business of its owner. A trade mark can be a name, symbol, or a combination of both, and is registered with the Intellectual Property Organization in Pakistan. Registering a trademark offers the owner or proprietor of the trademark the ability to display and use it without fear of any third person using it to take undue advantage of the business of the owner or proprietor.

Registration of a trademark in Pakistan gives the owner or proprietor exclusive rights to use, assign, or license the mark. Without trademark registration, no person could legally use a mark that is closely identical or similar to a registered trademark in the same classification.

If you find yourself aggrieved from another person or company's use of a similar or identical trade mark, our professional lawyers can help protect your legal rights. We can help you safeguard your business's goodwill and not only prevent the perpetrator from using a similar, identical, or deceptive logo or mark, but also initiate criminal proceedings against them. This could include filing an FIR as well as claiming damages in the relevant jurisdiction.

At Burhan & Associates, we understand how important it is for businesses to protect their intellectual property. Our foreign qualified lawyers can help you register and subsequently protect and enforce your intellectual property, including trademarks, against any deceptive display or use of identical or similar marks. Our lawyers have an advantage over others because of their routine encounter with IPO cases, which gives them the experience and knowledge to handle your case more effectively.

The intellectual property lawyers at Burhan & Associates deal mainly with securing the IP rights for our clients so they can have the upper hand in business competition in their local market. Our quality of service is also very cost-effective.

Blue Collar Crime Scope in Pakistan

INFRINGEMENT OF TRADE MARKS

The owners or proprietors of a registered trademark are protected under Sections 39 and 40 of the Trade Marks Ordinance 2001. These sections provide that any person who uses or displays the mark for a business that is similar or identical to goods or services for which that mark has been registered is committing an act of infringement under Section 40.

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ACTION FOR INFRINGEMENT

As the owner or proprietor of a trademark, you have several remedies available to you under Section 46 of the Trade Marks Ordinance 2001. These include:
• Damages;
• Injunctions;
• Rendition of Accounts;
• Remedies available to the person having some other property rights.
A holistic reading of The Trade Marks Ordinance 2001 confirms that both civil and criminal remedies are available to owners or proprietors who are aggrieved by infringement or passing-off of their trademark.

PLACE WHERE THE SUIT HAS TO BE INSTITUTED

A suit for infringement or passing-off can be filed under Section 117 of the Trade Marks Ordinance 2001 before the District Court, who has the same powers as a Tribunal under the law.

OUR SERVICES:

Here at Burhan & Associates, we are dedicated to protecting our clients' intellectual property from exploitation and helping them secure their assets for maximum competitive advantage. If you would like to learn more about what we do or how we can help you, please don't hesitate to give us a call. We would be more than happy to answer any questions you may have.

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Lahore Office

Main Boulevard Gulberg, Main Market, Lahore, Punjab 54000
Mr. Ahmed Burhan

Faisalabad Office

Burhan Center, 97-99, Gulistan Market Railway Road, Faislabad, Pakistan
Mr. Ahmed Burhan

UK Office

Associate Office (London)
Mr. Ahmed Burhan

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