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How to register a Trade Mark in Pakistan?

Trademark Registration Procedure

The procedure for trademark registration is as follows.

1. The applicant applies for a Trademark Search by filling out TM Form 55 and giving the required Trademark. A search is then made by TMR Office to check if a trademark similar to the one being sought already exists.
1. If a similar trademark doesn’t exist, the applicant can move on to the next step.
2. If a similar trademark is already registered, applicant can give another Trademark for search by filling out another form.
3. This trademark search is not mandatory, but is recommended by TMR office to avoid any disputes in the future with matching trademarks.

2. After the search is made and does not result in finding a similar Trademark, applicant fills out the Application Form (TM Form 1 or TM Form 2, whichever applies) for the registration. Goods and services for which a trademark can be obtained are divided into several categories known as Classes, the details of which can be viewed here. The application must contain:
1. Prescribed Application Form (TM Form 1 or TM Form 2),
2. 8 copies of clear reproduction of the Trademark (Word, Symbol, Logo, 3D features etc.),
3. A list of goods and services for which the Trademark is being sought,
4. Payment to the respective administrator (usually the Director General, IPO – Pakistan).

3. An acknowledgment report is sent to the applicant within 15 days of application submission. The applicant is further notified regarding the application via an Examination Report within 3 months of application submission. If there is any objection regarding the Trademark, applicant is notified with a Show Cause notice to which the applicant must respond within 2 months and clarify all objections or the request will be cancelled.

4. If there are no objections at this stage, the trademark is published in a monthly digital Journal which is available on IPO’s website.
1. The journal is available publicly, and anyone can view the trademarks which have been applied for registration.
2. If some party has any objection against a trademark published in the journal, they can seek IPO’s action against it by filling out Form TM-5 or Form TM-8 (whichever applies to the case) to request the launch of an investigation.
3. An applicant can submit their defence against opposition notice by filling out Forms TM-6 or TM-9 (whichever applies).

5. If no objection is raised within 2 months of the journal publication, the applicant’s request for trademark registration is accepted, and they are instructed via a Demand Notice to pay the registration fee alongside TM Form 11 in order to receive a registration certificate.

6. Registration certificate is issued once the final payment is made by the applicant.
7. Applicant is responsible for the renewal of trademark every 10 years. Trademarks can be renewed by filling out TM Form 12 alongside making prescribed fee.

Costs for Trademark-related Procedures and Forms

A number of different costs are involved in the process of registering, renewing or modifying a trademark. It is the applicant’s responsibility to make sure that all the costs are paid in full at the time of submission of accompanying application form.

https://www.techjuice.pk/how-to-register-a-trademark-in-pakistan/









For Registration

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Evidence and its types

Evidence

General principles relating to evidence

The first rule of evidence is that it must be relevant to be admissible. For the evidence to be relevant, those facts which are subject to being proved or disproved must amount to:

• Facts in issue, i.e. those which need to be proved by one party;
• Relevant facts, i.e. those which tend to prove the facts in issue;
• Collateral facts which may for example affect the credibility and/or competence of a witness.

Types of evidence

There are a number of different types of evidence:

• Testimony – the oral statement of a witness made on oath in open court and put forward as evidence of the truth of what he or she says.
• Real evidence – this is usually a material object of some kind, which is produced for inspection, either to prove that it exists, or so that the court can make an inference as to its condition or value, for example ripped clothing, a knife or burnt document.
• Hearsay evidence – when a witness, or someone else, makes a statement other than in the course of their testimony, this is referred to as an ‘out of court statement.’ Hearsay evidence is an out of court statement which is being relied upon to prove the truth of its contents.
• Original evidence – this is an out of court statement offered for a relevant purpose other than proving the truth of its contents, for example to prove something was said at all.
• Documentary evidence – this consists of documents which have been produced for inspection by the court. These may be items of real evidence, original evidence or hearsay. 

Real evidence

Real evidence usually takes the form of some kind of material object produced before the court. it is normally produced to show that it exists or so that an inference can be drawn from its physical properties or its condition, or from the fact that it was found at a particular place or in someone’s possession. An example of real evidence would be a knife alleged to have been used in the commission of a murder or faulty goods produced to show evidence of the particular fault in question.
Real evidence includes: material objects; the appearance of people/animals; demeanour of witnesses; views and documents.

Original evidence

Original evidence is defined as an out of court statement tendered for some purpose other than to establish the truth of the facts it contains. The making of the statement will wither itself be a fact in issue, or relevant to a fact in issue.

The statement as a fact in issue:

• Where the making of a statement is, itself, a fact in issue, the statement will be admissible to show that it was made, but it will remain inadmissible as to the truth of its contents. 

Statements relevant to a fact in issue:

• Making of statement relevant to a fact in issue; Statement admitted to show the state of mind of the maker; Statement admitted to show state of mind of person who heard it; Statement admitted to allow tribunal of fact to draw inferences from falsity of statement.

Hearsay evidence

• To prove the truth of its content. This includes an out of court statement made by the witness him or herself as well as an out of court statement made to the witness by someone else. The admissibility of hearsay evidence is set out under s 114 of The Criminal Justice Act 2003.  S 115 of the Criminal Justice Act 2003 further tightens up the definition by making it clear that you need to consider the purpose of the person making the statement (as well as the purpose of the party relying upon it in court) when deciding whether a piece of evidence is hearsay evidence or not.

Link
http://www.inbrief.co.uk/court-proceedings/evidence/

How to pass a company resolution

A resolution is an agreement made by the directors or members of a company. When a resolution is passed the company is bound by it. The vote on a resolution in a general meeting is taken in accordance with the rules in the company’s articles of association. Notice of the intention to propose a resolution must be sent to company members. If a company has auditors, they must also be sent copies.

A copy of every resolution or agreement listed below must reach Companies Registry within 15 days after it has been passed.

• Special resolutions and extraordinary resolutions
• Elective resolutions
• Class resolutions passed by unanimous agreement of all the members
• Directors’ resolutions
• Ordinary resolutions
• Resolutions for voluntary winding up

Resolutions - different types:

Directors’ Resolutions

These are only used by directors at board meetings. The following directors’ resolutions must be filed at Companies Registry

• A resolution to change the company’s name
• A resolution to alter the memorandum of association of a company ceasing to be a public company following the acquisition of its own shares
• A resolution by the directors of an old public company to reregister as a plc
• A resolution to allow title (meaning the right to benefit from ownership) to be evidenced and transferred without a written document

Ordinary Resolutions

These are used for all matters unless the Companies Order or the company's articles of association require another type of resolution. They are passed by a simple majority of members who are entitled to vote at a meeting, notice of which has been properly given.

Voting may also be allowed by a member’s substitute known as a proxy. The length of notice required for an ordinary resolution depends on the kind of meeting at which the resolution is to be discussed.

The following ordinary resolutions need to be filed at Companies Registry:

• A resolution to give, vary, revoke or renew an authority to the directors to allot shares
• A resolution to give, vary, revoke or renew an authority to the company to make a market purchase of its own shares
• A resolution to prevent or reverse a directors’ resolution to allow title of shares to be evidenced or transferred without a written document
• A resolution to authorise an increase of share capital

Extraordinary Resolutions

These are required for certain matters, for example modifying the rights of classes of shareholders or winding-up. They are passed by at least 75% of the members who vote on the motion, in person or by proxy, at a general meeting.

Special Resolutions

These are passed at a general meeting of which at least 21 days’ notice specifying the intention to propose a resolution as a special resolution has been given. As with an extraordinary resolution, a special resolution requires a 75% majority. It is required for important matters such as alterations to the memorandum or articles of association, a change of name, or a reduction of capital to be approved by the court.

A meeting at which a special resolution is to be proposed may be held at shorter notice with the agreement of the members entitled to attend and vote at the meeting. Agreement to short notice of the meeting and resolution must be by:

• The majority of members in number who also hold at least 95% in nominal value of the shares giving voting rights; or
• In the case of a company without share capital, the majority of members in number who also represent at least 95% of the total voting rights; or
• In the case of a meeting called as the annual general meeting, all the members

Private companies may pass an elective resolution to reduce the majority required to authorise short notice of a meeting and notice of a resolution, to not less than 90%. When a resolution alters the memorandum or articles of association of a company, a copy of the amended document must also be filed at Companies Registry.

Elective Resolutions

Elective resolutions must be passed by unanimous agreement in general meeting of the company by all the members entitled to attend and vote at the meeting in person or by proxy. A period of 21 days’ notice of the resolution must be given unless all members entitled to attend and vote at the meeting agree to a shorter period. These may be passed by private companies only.

Elective resolutions may be used for the following purposes only:

• To amend the duration of the authority of directors to allot securities
• To dispense with the holding of AGM's
• To dispense with the laying of accounts and reports before the members in general meeting
• To allow the majority required to authorise short notice of a meeting and notice of a resolution to be reduced from 95% to a lower figure but not less than 90%
• To dispense with the annual appointment of auditors

Written Resolution

A written resolution signed by all the members, or a resolution of any class of members, may be passed by a private company to resolve anything which could have been passed by the company in general meeting. To pass a written resolution, a meeting is not required and no prior notice is necessary. But the resolution can only be passed by unanimous agreement of all the members who, at the date of the resolution, would be entitled to attend and vote at a meeting that would otherwise have been held to pass it.

A copy of the proposed written resolution must be sent to the company’s auditors - or they must otherwise be notified of its contents - at or before the time the resolution is supplied to the members for signature.

Class Resolution

When a company proposes to pass a resolution that affects one class of share only, then it will usually need to obtain the consent of a majority of the holders of the class of share. This can be obtained in writing or by passing an extraordinary resolution at a separate class meeting.

Shareholder Resolution

A company has a duty to circulate resolutions proposed by shareholders and intended to be moved at an annual general meeting if a certain number of members request it. The number of members necessary is:

• Members having 5% of the voting power of the company
• 100 or more shareholders whose paid-up capital averages at least £100 each

Shareholder resolutions are voted on at a company’s annual general meeting.