Company intends to market this glass under the trademark Hercules and is interest to protect it as trademark so that it may

seek special rights in case of conflict with an

identical or confusingly similar trademark in addition to identify a product of a particular company so as to distinguish it from other competitors and many other benfits. There are
various option provided by law for the protection of invention and trademark.

Options provided by Law: For trade mark: n !akistan protection is available for both the registered and unregistered marks. The registered marks are given protection under the Trade "arks #rdinance$ %&&'$ whereas the unregistered marks can seek protection under the common law of (!assing #ff). t is advised to the company to get the trademark registered with the Trade "arks *egistry as registration provides the e+clusive right to prevent unauthori,ed use of the trademark and many other benefits as well.
t provides the protection -aw provides various options to the company to protect its invention like trade mark

ESSENT !L "E#$ S TES %O" ! &!"' TO (E "E) STE"E* According to the Trade Mark Law, a trade mark shall not be registered unless it is distinctive, and a mark will be registered only when it contains one or more of the following essential particulars namely:(a) The name of a company, individual or firm, represented in a special or particular manner. (b) The signature of the applicant or some predecessor in business. (c) ne or more invented words! (d) ne or more words having no direct reference to the character or "uality of the goods and not being in its ordinary signification a geographical name or surname or the name of a caste sect or tribe in #akistan. $aving regard to the e%tent of the mark being inherently adapted to distinguish and by reason of user the mark is in fact adapted to distinguish. (e) Any other distinctive mark, provided that a name, signature or any word, other than such as fall within the descriptions of the above clauses, shall not be registrable e%cept on evidence of distinctiveness, which means adapted to distinguish. Substantitive re+uirements: &arks considered to be contrary to public order or morality. )eneric terms. *escriptive terms. *eceptive trademarks

"E) STE" N) ! T"!*E&!"' , STE- (. STEThe !pplicant .s a first step$ you have to send or hand in a duly completed trademark application /% in original 0 1 photocopies2 on prescribed form T"3' /.nne+ 2$ which includes the contact details of your company$ a graphic illustration of its mark$ a description of the goods or services and class for which your business wishes to obtain trademark registration$ and pay the re4uired fees in form of bank draft or pay order in favour of 56$ !# !akistan. The applicant may re4uest for search of the trademark that he7she intends to register by submitting T"388 form /.nne+ 92 to the Trade "arks *egistry$ along with fee. Note that some trademark offices /e.g. $S and 0anada1 may also re+uire proof of use or a declaration that your company intends to use the trademark. n -akistan no such declaration is re+uired at the time of filing and a trademark can be filed on the basis of its proposed use in future. 2owever3 such trademark is re+uired to be used within five years from the date of registration. The Trademark "egistry: The steps taken by the Trademark *egistry for registration of a trade mark in !akistan are as described below: %ormal e4amination: .t the time of filing application and before issuance of any application number the trademark office e+amines the application to make sure that it complies with the administrative re4uirements or formalities /i.e.$ whether the application fee has been paid and the application form is properly filled in2. !pplication number: The application number is given at the time of filing of application: however$ official receipt is usually given within three to four weeks after filing. Substantive e4amination: The trademark office e+amines the application to verify whether it complies with all the substantive re4uirements /e.g.$ whether it belongs to a category which is e+cluded from registration by the trademark law and whether the trademark is in conflict with an e+isting mark on the register in the relevant class2. f there are some ob;ections then an e+amination report /commonly known as (<how Cause =otice)2 is sent to the applicant. "eply: The applicant files reply to the ob;ections raised in the e+amination report. 2earing: n most of the cases$ the applicant files a response to the e+amination report and a hearing is appointed and the *egistrar hears the arguments of the applicant or his agent in support of the stance taken in the reply. -ublication and opposition: .fter hearing if the *egistrar is convinced then trademark is accepted for publication in official Trade "arks >ournal with a two month?s period of time /further e+tensions$ not e+ceeding two months$ may be obtained2 for third parties to oppose its registration. "egistration: f there is no opposition or once it has been decided that there are no grounds for refusal$ the trademark is registered$ and a registration certificate is issued which is valid for '& years. "enewal: the mark may be renewed after every ten years$ for indefinite term$ on payment of re4uired renewal fees$ but the registration may be canceled entirely for certain goods or services if the trademark has not been used for a continuous period of five years.