Trademark is mark used to differentiate goods or services of one business from others. It can be any unique words, letters, numerals, drawings, pictures, shapes, colours, logotypes, labels or combinations used to distinguish goods or services that may be considered as trademark.

In Trademarks Ordinance, 2001 (the Ordinance), Trade name is full name of some business and it identifies some company or firm. However, trademark is sign that distinguishes product of some business. A company may have various trademarks. For example, a soup company may produce several soups with an exclusive trademark on each.

Main difference is that trademark protects unique identification of brand or product (e.g., logo of brand) and must be applied for, whereas copyright prevents copying, reproduction or distribution of specific work (such as music, written words, performances and films) and is gained automatically.

A trademark shall be registered for period of ten years from date of filing of trademark application and may be renewed after 10 years from date of filing of application for another 10 years, for an indefinite amount of time, subject to payment of renewal fee as may be prescribed, under provisions of laws.

Intellectual Property laws of Pakistan include copyright laws, patent laws and trademark laws. This area of law protects work of creative individuals and businesses from unauthorised use or exploitation by third parties.

Trademarks are protected by intellectual property rights. At national/regional level, trademark protection can be obtained through registration, by filing an application for registration under section 22 of the Ordinance with national/regional trademark office and paying required fees.

As per Intellectual Property Act 2012, suit for infringement of trademark is to be instituted in tribunal exercising jurisdiction. Any judgment, decree or order passed by tribunal or district court is appealable before High Court exercising jurisdiction over tribunal.

If you see someone using your trademark, you can stop them right when you notice it using an injunction. In an action for infringement all such relief by way of damages, injunctions, accounts or otherwise shall be available to the proprietor of the trade mark as is available in respect of the infringement of any other property right.

Some instances of infringement are clear. If, for example, you have outfit firm with a trademarked name of 'HS Collection' and another company comes along and starts selling its products under same name you have, you have clear-cut claim for trademark infringement on your hands.

According to Section 483 punishment for counterfeiting any trademark or property mark is two years with fine or confinement only or fine only.

As per Intellectual Property Act 2012, suit for infringement of trademark is to be instituted in tribunal exercising jurisdiction. Any judgment, decree or order passed by tribunal or district court is appealable before High Court exercising jurisdiction over tribunal.

In Pakistan, registered trade mark is infringed by unauthorised use of that mark. In relation to identical trademark and identical goods or services to registered trademark. In relation to identical trademark and similar goods and/or services.