Trademark and IP Protection in Pakistan: Registration, Infringement, and Enforcement
Most businesses in Pakistan only think about their trademark once someone else starts using it. By then, the options are narrower and more expensive than they needed to be. Pakistani law does allow you to act against a copycat even without a registered mark, through a passing-off action, but registration is what turns a defensible claim into an easy one, and it is what determines which court will even hear your case.
At Global Law Company, we advise businesses across manufacturing, FMCG, technology, and services on registering, licensing, and enforcing their trademarks, copyrights, and patents. Here is how the framework actually works, illustrated with how Pakistani courts have applied it in recent disputes. For businesses setting up before they think about branding, our company registration in Pakistan guide covers the incorporation side.
1. What Counts as IP Under Pakistani Law
Pakistan protects intellectual property through several separate statutes rather than one unified code: trademarks under the Trade Marks Ordinance 2001, copyright under the Copyright Ordinance 1962, and patents and industrial designs under the Patents Ordinance 2000 and the Registered Designs Ordinance 2000. Since 2012, oversight of these regimes has sat with the Intellectual Property Organization of Pakistan (IPO-Pakistan), created under the Intellectual Property Organization of Pakistan Act 2012, which also established a dedicated Intellectual Property Tribunal.
2. Registration Is Not Mandatory, But It Changes Everything
A trademark can be protected in Pakistan even without registration, through a common-law passing-off action. But an unregistered mark forces you to prove, from scratch, that your branding has acquired distinctiveness and reputation in the market. The Lahore High Court set out this test clearly in Hilal Confectionary (Pvt.) Ltd. v. Naveed Enterprises (2018 CLD 1), holding that registration is not a requirement for a passing-off action to succeed, and that even where a competitor has placed a disclaimer on their product, the action can still succeed if the claimant shows the disclaimed features had already acquired distinctiveness through use and promotion (Trade Marks Ordinance 2001, sections 2(xxiv), 40, 42 and 46).
Registration removes that burden of proof. Once your mark is on the register, the presumption runs in your favour, licensing and franchising become far simpler to document, and customs authorities can act against counterfeit imports at the border.
3. What Infringement Actually Looks Like in Court
Not every similarity between two products amounts to infringement. In a companion case, Hilal Confectionary (Pvt.) Ltd. v. Haroon Sweet Factory (2018 CLD 1072), the same claimant sued over a competing candy product with a similar wrapper and colour scheme, this time also relying on the Copyright Ordinance 1962 and the Specific Relief Act 1877. The court's approach is instructive for any brand owner: the mere appearance of similar wrappers, colour schemes, or packaging in the marketplace is not, on its own, justification for an injunction. What matters is whether the resemblance is close enough to genuinely mislead an ordinary consumer, not whether a defendant has drawn inspiration from a popular design.
Practical takeaway: document your product's distinctive features (name, logo, colour scheme, packaging layout) at launch, and keep dated evidence of use and advertising spend. This is exactly the evidence that wins passing-off and infringement cases years later.
4. Where Trademark Disputes Are Heard Now
This has changed in ways many businesses have not caught up with. Historically, trademark suits were filed directly in the High Courts. Following the creation of IPO-Pakistan and its Tribunal, the Sindh High Court addressed this transition directly in Sadiq & Suharwardy v. Ismail Industries Limited (2025 CLD 1029), examining nine suits and a miscellaneous application filed between 2005 and 2020. The court confirmed that trademark suits, including those already pending, are to be transferred from the High Court to the Intellectual Property Tribunal under sections 16, 17, 18 and 39 of the IPO-Pakistan Act 2012, with the notable exception that revocation and rectification proceedings under sections 6 and 117 of the Trade Marks Ordinance 2001 remain within the High Court's jurisdiction. If you are filing or defending a trademark dispute today, getting the forum right at the outset avoids months of jurisdictional wrangling.
5. Copyrights and Patents, in Brief
Copyright protection under the Copyright Ordinance 1962 arises automatically on creation of an original work (software, written content, designs, artistic works) and does not require registration, though registration with IPO-Pakistan strengthens your evidentiary position in a dispute. Patents, by contrast, are a pure registration right under the Patents Ordinance 2000: there is no patent protection at all until the application is examined and granted, so early filing matters more here than in almost any other area of IP.
IP Protection Checklist
- ✓Search the trademark register before adopting a new brand name or logo.
- ✓File for trademark registration with IPO-Pakistan as early as possible, don't rely solely on use.
- ✓Keep dated records of first use, packaging design, and advertising spend.
- ✓Register copyright for key creative and software assets where litigation risk is meaningful.
- ✓File patent applications before any public disclosure, patent rights don't exist until granted.
- ✓Know that trademark infringement suits now go to the IP Tribunal, not the High Court, except for revocation/rectification matters.
Talk to an IP Lawyer Before You Launch, Not After
Whether you're registering a new brand, licensing your mark, or dealing with a competitor who has copied your packaging, our intellectual property team can guide the registration process and represent you before the IP Tribunal or High Court. Contact Global Law Company at 0333 4125951 or email globallawcompany@gmail.com, or visit our chambers at 3rd Floor, Ahmad and Shafi Plaza, 13 Fane Rd, Lahore, 54000.
Frequently Asked Questions
Do I need a registered trademark to sue for infringement in Pakistan?
No. You can bring a passing-off action based on an unregistered mark, as confirmed in Hilal Confectionary v. Naveed Enterprises (2018 CLD 1), but you carry the full burden of proving your mark's distinctiveness and reputation. Registration reverses that burden in your favour.
Which court hears trademark disputes in Pakistan now?
Since the creation of IPO-Pakistan's Intellectual Property Tribunal, most trademark infringement and passing-off suits are heard there rather than in the High Court, following Sadiq & Suharwardy v. Ismail Industries Limited (2025 CLD 1029). Revocation and rectification of a registered mark, however, still fall within the High Court's jurisdiction.
Is copying a competitor's packaging automatically infringement?
Not automatically. Courts assess whether the resemblance is close enough to genuinely mislead consumers, as set out in Hilal Confectionary v. Haroon Sweet Factory (2018 CLD 1072). Superficial similarity in colour or general style, without deceptive similarity, is unlikely to succeed.
Do I need to register copyright to be protected in Pakistan?
No, copyright arises automatically upon creation of an original work under the Copyright Ordinance 1962. Registration is optional but strengthens your position if you ever need to prove ownership or first authorship in a dispute.
How early should I file a patent application?
Before any public disclosure of the invention. Unlike copyright, there is no patent protection until the application is examined and granted under the Patents Ordinance 2000, so early filing is critical to preserving your rights.