Trademarks are increasingly critical commercial assets in Pakistan’s competitive market. Proper registration, ongoing monitoring and active enforcement of trademark rights not only protect a brand’s identity but also prevent unauthorized use or imitation that may dilute goodwill or mislead consumers.

The legal framework is structured on a simple but powerful premise: the proprietor of a registered trademark enjoys the exclusive right to use that mark, and any use in Pakistan without the proprietor’s consent constitutes infringement. This exclusivity is the legal foundation upon which all enforcement mechanisms—civil, criminal and administrative—are built, enabling businesses to secure, defend and leverage the commercial value of their brands.

Legal Framework for Trademark Protection

Pakistan’s trademark regime is primarily governed by the Trademarks Ordinance, 2001, supported by its rules and the Intellectual Property Organization Act, 2012, which has established specialized Intellectual Property Tribunals with exclusive jurisdiction over infringement and IP-related offences. Any party aggrieved by a final order of the Tribunal may file an appeal before the relevant High Court within thirty days.

What Constitutes Infringement?

Infringement under Pakistani law is defined broadly, reflecting international standards. A person infringes a registered trademark if they use, in the course of trade, a mark identical to the registered mark on identical goods or services. Infringement also arises where an identical mark is used on similar goods, or where a deceptively similar mark—one that so closely resembles a registered mark that it is likely to mislead the public—is used on identical or similar goods.

For well-known marks or marks with a strong reputation in Pakistan, even use on dissimilar goods constitutes infringement where such use is without due cause and takes unfair advantage of, or is detrimental to the distinctive character or repute of the mark.

Civil Remedies

Civil enforcement remains the core of trademark protection. Under the Trademarks Ordinance 2001, once infringement of a registered trademark is established, a proprietor may obtain powerful relief, including prohibitory injunctions to immediately restrain the defendant’s use of the mark, monetary compensation in the form of damages or an account of profits wrongfully earned through misuse of the mark.

High Court and Tribunals may order the delivery up, destruction, or obliteration of infringing goods and materials, ensuring that counterfeit stock, including labels, packaging, moulds or promotional materials cannot re-enter the market.

Criminal Remedies

In addition to civil remedies, Pakistan’s criminal law complements trademark protection by addressing the full spectrum of trademark misuse under the Pakistan Penal Code.

These provisions criminalize activities ranging from the creation of counterfeit marks to their ultimate sale in the market. They target anyone who applies a false or misleading trademark in a way that deceives consumers, punishes deliberate counterfeiting of registered marks, and even covers preparatory stages such as possession or manufacture of dyes, plates or other materials intended to produce counterfeit marks. Together, these provisions create a comprehensive deterrent framework addressing trademark abuse from preparation to production to distribution.

Punishments under these provisions range from fines to imprisonment, with sentences extending up to several years depending on the nature and gravity of the offence.

Border Enforcement and Customs Measures

Pakistan’s trademark regime is strengthened by an effective border-control mechanism under Sections 53–63 of the Trademarks Ordinance 2001. Trademark proprietors who have reason to believe that infringing or counterfeit goods or goods bearing false indications of origin or manufacturer are about to be imported may notify Customs or the IPR Enforcement authorities in writing. Upon such notice, the proprietor may request that these goods be treated as “prohibited goods,” enabling Customs to detain and prevent their entry into Pakistan under the Customs Act, 1969.

Once detained, goods may be produced before the IP Tribunal, which may order their release under conditions or their forfeiture. The Tribunal cannot permit the re-export, stripping or local sale of counterfeit goods; forfeited goods are permanently removed from commerce to prevent them from re-entering legitimate channels. This broader regime plays a critical preventive role, stopping counterfeit goods from reaching Pakistani markets and preserving consumer protection and brand integrity.

Practical Considerations for Trademark Owners:

  • Statutory rights arise post-registration: Infringement claims can only be initiated once the trademark is officially registered.
  • Monitoring and renewals: Regularly monitor your trademarks and ensure renewals are filed on time to maintain enforceable rights.
  • Certificate of validity: Successfully defending your trademark’s validity before the IP Tribunal can result in a certificate of validity, providing judicial confirmation and the ability to claim full legal costs in future disputes.
  • Limitation periods: Applications for delivery-up, destruction or other remedies generally must be made within three years of the infringing act, except where the proprietor was under disability or prevented by fraud or concealment from discovering the infringing acts.
  • Company liability: Companies can be held vicariously liable for trademark offences, and directors, managers or officers may face personal liability if the offence occurs with their consent, connivance, or neglect.

Conclusion

Pakistan offers a comprehensive and sophisticated framework for trademark protection, combining strong civil remedies, criminal sanctions, and proactive border enforcement.

For businesses seeking to build, protect and enforce their brands, the message is clear: securing registration of your trademark should be the first prudent step, and in the event that any infringement does occur, leveraging the available enforcement mechanisms is essential to effectively preserve your brand identity and safeguard commercial reputation.

With the right legal guidance, brand owners can confidently navigate the legal framework, secure their rights and maintain their brand integrity.

*This article is published for information purposes only and does not constitute legal advice. Axis Law Chambers will not be liable in case of any loss, damage or liability suffered by anyone as a consequence of relying on the contents of this article.

For more information and assistance, you can contact the authors:

Mian Tariq Hassan ([email protected]) and Zam Zam Shabbir ([email protected])