HL JURISTS

HL Jurists is one of the leading full‐service law firms in Pakistan catering to domestic
and international clients. Incorporated in 2004 as a primary litigation practice by Mr.
Sohail Shamshad & Mr Asif Mahmood HL Jurists gradually expanded its field of
services and expertise and is now one of the leading law firm in Pakistan. HL Jurists
offers comprehensive counsel on a range of legal services including Mergers &
Acquisitions, Private Equity, Real Estate, Education, Intellectual Property, Interpol
Cases, Immigration Consultancy, Employment and Labor, Licensing and Registrations,
Taxation (Direct & Indirect), business setup (globally), thus catering to every legal
need from across the globe. Our services extend through diverse sectors of industry
including assistance to facilitate foreign direct investments and business setup in
Pakistan and our clientele include an array of domestic and international individuals
and companies.
HL Jurists has been recognized for its expertise in addressing an array of legal issues
especially those relating to Foreign Direct Investment, Joint Ventures, Corporate
Compliance & Governance as well as advisory support to the booming startup
ecosystem, in both the domestic and international space.
Since our diversification, HL Jurists has assisted and continues to assist clients from
over 20 jurisdictions to enter and flourish in Pakistan as well as at International level
by providing various options to best suit their needs. HL Jurists takes pride in being
amongst the most sought‐after qualitative legal service provider globally. With an
aim to provide valued, practical and strategic legal solutions to help clients achieve
their goals, HL Jurists combines the highest global standards with local expertise.
Our Values
Our most valuable asset for progress is consistent cooperation and coordinated
effort within and between our teams, across each practice area. Each partner‐led
team, having specific practice area knowledge and expertise, understand the clients
requirements and revert expeditiously to the committed satisfaction of the client.
With emphasis on our core values of focusing on quality, reliability and efficacy along
with a basic understanding, that we work best through teamwork and collaboration,
we are able to work seamlessly across all practice areas for our clients.
Our Uniqueness
HL Jurists adopted an approach that demands the highest levels of understanding in
each of their practice areas, technical skill and service delivery allowing us to provide
accurate, reliable, timely and cost‐effective advice across a range of industry groups
and sectors. This is reflected through our team of associates, who abide by the
system and ensure that the client’s needs always come first. With our expertise and
diversity of experience within the teams, we are able to keep in touch with the
changing environment that our clients operate in and provide them with
personalized solutions to their business requirements or legal reservations. Our
continuous relationship with our clients and comprehension of their business have
ensured that our services extend to our keeping abreast with the latest legal findings
and amendments on issues that could influence the viability our clients business and
provide them dynamic solutions with respect to applicable legal and regulatory
compliances to enable smooth functionality of their business.
AREAS OF EXPERTISE
1. Property
Agreements to purchase or sell a
home can be rescinded and real
estate agents can be negligent in
their duties. The Lawyers at HL
Jurists have years of experience
defending all types of cases and use
these skills to defend clients
involved in real estate or property
law suits. Our aim is to put our
clients in the best possible position
to either receive damages or to
minimize their responsibility for
damages.
2. Immigration & Visa
Are you seeking to come from
overseas to attend to business
in UK, USA, Canada, Australia
& Europe Have you made a
previous application to visit
the Said Countries and has
been refused? If any of these
questions relate to your
circumstances, our team of
immigration Experts will
ensure that you are informed
of your rights and the
requirements under the
different routes. We will guide
you through each stage of the process, whether through making an application or
when submitting a Judicial Review where a previous application has been refused.
Our team of experts will ensure your applications stands the best chance of success.
We understand the importance in staying in close contact with your family. We
understand the importance for your business networking and utilising opportunities
in the said Countries In both these broad areas we have extensive experience and an
unparalleled track record in the success of our clients.
Remember for General Visit
All visit visas can only be submitted 3 months before one plans to travel. You can
apply for this visa if you want to visit anywhere.
Why HL Jurists?
• Our team of immigration Experts have years of experience in navigating the
requirements under this route.
• We have achieved numerous successes for our clients as evidenced through
our client testimonies.
• We recognize the importance of making these applications and the
implications were an application not completed correctly. We ensure that
every avenue is comprehensively covered to give you the best prospects of
success.
3. Tax
When our clients our audited by
the internal revenue services or
other taxing authorities, we
vigorously and effectively guide
them through tax controversy
process. All types of tax matters
are dealt by keeping in mind the
updated laws.

4. Appeals
Our legal system is not perfect. Courts
sometimes make serious errors in cases. If
you think you received an unfair result in
any sort of case, or have won and are
facing an appeal from the opposing party,
HL Jurists can protect your rights in
appellate courts.
5. Internet & Social Media
HL Jurists helps clients plan for
and mitigate the risks of
cybercrime by staying up‐to‐date
with data security laws and
regulations and by advising on
best in order to maintain good
cyber hygiene. If and when
breaches happen, we help
clients to respond quickly,
efficiently and effectively.
6. Investment Funds
An investment funds is a way of
investing money alongside other
investors in order to benefits
from the inherent advantages of
working as part of a group such
as reducing the risks of the
investment by a significant
percentage. New investment
strategies, shifting demographics
and investor needs, the
breakneck pace of technology
disrupting industries around the
world, expense trends and increase regulatory pressure are all proving to be game
changer. As these extraordinary challenges for the industry continue, HL Jurists is
uniquely positioned to provide comprehensive and innovative solutions as market
participants prepare for these changes and our team can help clients capitalize on
new opportunities and navigate the growing marketplace challenges.
7. Health Care Regulatory
The worldwide medical care
commercial center is in steady
condition of change. Our team
focused on all parts of healthcare.
We also advice clients on the
convergence of traditional
healthcare services with front line
advancements.
8. International Risks & Regulatory
HL Legal scholars assists
associations with flourishing in
evolving times. Through our
specialized, strategic expertise,
and focus on building long‐term
organizations, we are focused on
putting our customers and their
business achievement first on
worldwide level too. Our team
deals with our international
clients and try to reduce the risks if they face in any other state.
Trademark law states a word, phrase, or logo that identifies the source of goods or
services. Trademark law protects a business' commercial identity or brand by
discouraging other businesses from adopting a name or logo that is of similar nature
to an existing trademark.
This page is to assist clients in acquiring information about trademark law in
Pakistan. We have a diligent and dedicated team of professional lawyers, with
expertise in this field, to assist their clients in understanding and protecting their
intellectual property rights in Pakistan, at affordable prices. We cater to every
budget provided by the client as our main aim is to prevent brand dilution of our
esteemed clients.
We routinely interact with patent and trademark examiners in the Pakistan Patent
and Trademark Office, and secure and protect intellectual property rights efficiently
on a very cost‐effective tariff. HL Jurists intellectual property lawyers speak the
business and technical languages of our clients. The whole focus of our IP counsel is
securing for clients the maximum competitive advantage from effective exploitation
and protection of their intellectual assets.
9. Trademark Law Practice In Pakistan
Intellectual property issues are critical to the success of any business, regardless of
its size. HL Jurists helps clients in virtually all industries, obtain, protect and enforce
patents, trademarks, copyrights, trade secrets and other intellectual property rights.
Our IP lawyers have strong technical backgrounds and extensive legal and
commercial experience as in‐house IP counsel, patent and trademark examiners. We
routinely interact with patent and trademark examiners in the Pakistan Patent and
Trademark Office, and secure and protect intellectual property rights efficiently on a
very cost‐effective tariff. HL Jurists intellectual property lawyers speak the business
and technical languages of our clients.
Trademark Brand
How do you protect your brand?
The purpose of trademark registration is to ensure that your brand is recognised as
your personal property allowing its owner to exclusively use their trademark.
Resultantly, registration also ensures that third parties are effectively disallowed
from riding on the success of the owner by applying or using a trademark that is
either identical or deceptively similar to that of the registered trademark of the
owner.
Registering a trademark will give its owner the right to exclusively use, license or sell
the mark within the categories for which it is registered, blocking others from using a
mark that is substantially identical or deceptively similar. In this way, trademarks
protect brand identity and secure a company's rights; to its image. A trademark
remains registered indefinitely if it continues to be used.
What is a trademark?
A trademark is a word, phrase, symbol and / or design that identifies and
distinguishes the source of the goods of one party from those of the others whereas
a service mark is a word, phrase, symbol, and / or design that distinguishes the
source of a service rather than goods. A trademark can either be a word mark i.e. the
brand as text, or a shape mark i.e. the brand as a logo. We would emphasize on the
importance of filing a trademark as both a word mark and a shape mark in order to
ensure maximum protection under the Trade Marks Ordinance, 2001.
The Trade Marks Ordinance 2001 defines a trademark any mark capable of being
represented graphically which is capable of distinguishing goods or services of one
undertaking from those of other undertakings. A sign can include a letter, word,
name including personal name, signature, figurative element, numeral, device,
brand, heading, label, ticket, aspect of packing, shape, color, sound or any
combination of these features.
Why do you need to register a trademark?
In Pakistan, trademark registration is preferred to ensure that adequate relief and
injunction may be granted with ease if another party maliciously uses a conflicting or
impugned mark. A trademark registration provides assured advantages to the
proprietor of the registered mark over the unregistered mark.
Following are the key advantages that the client gets when their trademark is
registered:
It provides an exclusive right to the owner of the mark to use the mark and attach its
identity with the goods produced or rendered by it;
It provides prima facie evidence of ownership and validity; and
It prevents competitors from maliciously and unfairly using the registered mark.
If a trademark isn't registered and infringement is suspected, the owner must
establish by extensive evidence that as a result of its use of and reputation in the
mark the other person's use is likely to cause deception or confusion. The dispute
would be dealt with under the common law action of passing off.
Which trademark can be registered?
It is highly preferred that your trademark is an invented word or a distinctive word as
that will be the easiest to register as they are unique. A few examples of inventive
words are Khaadi, Mocca, Sana Safinaz, Shezan, Haleeb, Al Fatah, HKB, ECS to name
a few.
If not inventive, then the second option would be to have a trademark that is a
common word, but applies to identify unrelated goods and services will also be
easier to register like using Apple for computers, Shell for Petrol and oil products,
and many more.
Thus, in a nutshell, in order to be registered, a trademark cannot be one that other
traders need to use to promote their own goods or goods, such as a word that is
descriptive of products or services, common surname or geographic location as
everyone is and should be entitled to use that description. Trademarks that are
deceptively similar to a registered trademark or one already applied for will not be
entertained by the Intellectual Property Organization of Pakistan.
WHO MAY APPLY FOR TRADEMARK REGISTRATION?
Any legal person i.e. a national of any country, may apply for the registration of a
trademark.
A bona fide proprietor or owner of a trademark means a person who has been
entered in the register at the Trade Marks Registry as having the rights to use the
mark in any manner so it deems fit.
A person who is already using the trademark or service mark or has the intention to
use the trademark or service mark in future may file an application for registration
under the Trade Marks Ordinance, 2001 as the sole proprietor of the mark.
In the occurrence of two or more people being co‐proprietors of a mark, the said
mark would be jointly applied, having an equal, undivided share in the trademark,
subject to an existing agreement.
What Is The Criteria For Tm Registration?
In order to be registered, a trademark cannot be one that other traders need to use
to promote their own goods or services, such as a directly descriptive term,
geographic word or common surname. It must also be capable of distinguishing the
applicant's goods or services from those of other traders and cannot mislead the
public about the nature of the goods or services.
Use Or Intention To Use
In order to register a trademark, the proprietor must already be using the trademark
or intends to use said trademark (proposed to be used). If the proprietor registers
the trademark but does not use the trademark within five years of getting the
trademark registered, the proprietor is at risk of getting its trademark registration
revoked and cancelled under Section 73 of the Trade Marks Ordinance, 2001.
Classification System
Pakistan is a Paris Convention country and in accordance with Section 12 of the
Trade Marks Ordinance, 2001, both goods and services are included in the
prescribed classification of goods and services in accordance with the Nice
Classification, with the goods and services being divided in 45 classes, with 1 to 34
being goods and 35 to 45 for services.
Infringement Of Trademark Registration
Section 40 of the Trade Marks Ordinance, 2001 very specifically highlights situations
where a registered trademark may be infringed, the summary of which is mentioned
below:
In Pakistan, a registered trade mark is infringed by the unauthorized use of that
mark;
In relation to identical trademark and identical goods or services to a registered
trademark
In relation to identical trademark and similar goods and/or services
In relation to deceptively similar trademark with identical goods or services
In relation to deceptively similar trademark with similar goods or services
In relation to identical/deceptively similar trademarks using goods of the same
description of registered trademark
In relation to identical/deceptively similar trademark selling services that are closely
related to goods in respect of which the trademark is registered
In relation to identical/deceptively similar trademarks with reference to services of
the same description as that of services in respect of which the trademark is
registered
In relation to identical/deceptively similar trademark with reference to goods that
are closely related to services in respect of which the trademark is registered
In relation to identical/deceptively similar trademark used in relation to goods which
are not similar to goods of the registered mark.
Where a trademark is a well‐known trademark (under Section 86 of the Trade Marks
Ordinance, 2001), or has a reputation in Pakistan, and the use of the mark, without
due cause, takes unfair advantage of, or is detrimental, to the distinctive character
or the repute of the trade mark
A person shall infringe a registered trademark if the person uses such registered
trademark as his trade name or part of his trade name
A person shall infringe a registered trade mark if the person uses such registered
trademark as his domain name or part of his domain name
The Role Of A Trademark Attorney
A trademark attorney is a person qualified to act in matters involving trademark law
and practice and provide legal advice on trademark matters to its clients. A
trademark Attorney deals with various responsibilities, which include, but are not
limited to:
Trademark Application Search before the IPO
Trademark Application Filing
Track Application Status and update on developments
Trademark Objection, Trademark Opposition, defending trademark application from
third party Opposition
Acknowledge and future renewal assistance for client
Trademark Registration Process
Trademark Registration Process
Documents Required For Filing Trademark Application
Applicant’s Name
Applicant’s Address
Trademark as a word mark or image of the logo if it is a shape mark
Class of Goods in which the trademark falls, under NICE classification
Specifications of Goods in the class
Year of use when the trademark was first used in Pakistan or whether it is proposed
to be used
The power of Attorney (TM‐48) signed by the Applicant, either on stamp paper of Rs.
500 (for Pakistani Nationals) or notarized from that country’s Notary Public (for
international clients)
Registration & Renewal Of Trademark Application
A trademark shall be registered for a period of 10 years from the date of filing of
trademark application and may be renewed after 10 years from the 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 the provisions of Section 35 of
the Trade Marks Ordinance, 2001. If a registration is not renewed in accordance with
the provisions of this section, the Registrar shall remove the trademark from the
register.
Trademark Search
If a trade mark has not been used in Pakistan, it would be prudent to conduct a
search to ascertain whether the trade mark is available for use and registration
before filling or using the trade mark, although it is not compulsory to do so.
Application
After the requisite information is provided, the attorney drafts and files TM‐1 for
filing. The Trademarks Registry then issues a Acknowledgment Receipt on filing
application, allotting the trademark an Application Number.
Examination
Typically, applications are examined within approximately 2 to 3 months after filing.
If the Examiner issues a report objecting to registration, there will be additional work
and hence, expenses involved in reviewing, reporting and preparing a response to
the Examiner’s report, along with attending a hearing to get the trademark accepted
for publication.
Publication
After the application is accepted, it will be published in the Official Journal for a
period of two months for opposition purposes. Provided no opposition is filed within
the statutory period of two months (which is extendible for further two months), it
will then be registered upon payment of registration fee. However, if there is a third‐
party opposition against the trademark application, then we will have to defend the
Opposition via counterstatement (TM‐6), file evidence and attend hearing(s) to get
the trademark accepted. This process may take 12 to 24 months.
Registration
After the publication and opposition period is completed, the demand note will be
issued. After depositing the Demand Note, the trademark certificate will be issued,
the validity of which will be ten years from the date of filing the trademark
registration.
Renewal
The initial term of a trade mark registration is ten years from the date of filing the
trademark application which is renewable indefinitely upon payment of renewal fees
for the next ten years.
Trademark Registration & Advice
Our network of offices and correspondent firms assists clients in establishing,
maintaining, and enforcing trademark rights on a global basis. We provide practical
guidance and precision in translation and other services needed during the local
registration process. Rather than simply communicating problems and impediments,
we create solutions.
Typical projects in the trademark area of our practice include:
Advising on selection and suitability of marks for registration;
Advising on proper use of trademarks in packaging, labeling, advertising in print and
electronic media;
Searching prior registrations and applications;
Advising on prospects for obtaining registration;
Filing applications and prosecution to registration;
Conducting opposition proceedings;
Making renewal, assignment or modification of registered trademarks;
Advising on rights in trade names, trade dress, passing‐off, unfair competition, and
unregistered trademark rights acquired through use;
Negotiating and drafting agreements for the purchase, sale, or licensing of
trademark rights;
Registering license and user agreements;
Trademark watching service for conflicting marks;
Advising in relation to infringing use;
Conducting consultations and investigations obtaining evidence concerning the
infringement of trademarks, requesting for; and
Taking deregistration actions against rival marks that have been improperly
registered or not used.
Trademark Laws In Protection Of Intellectual Property Rights Trade Marks
Ordinance, 2001
Trade Marks Ordinance 2001 deals with the remedies regarding protection of
Intellectual Property Rights in case of violation of any registered trade mark.
Infringement Of Trade Marks
Section 39 and 40 of the Trade Marks Ordinance 2001 deal with the situations where
an infringement of a registered trademark has been occurred. Section 39 says that a
registered trademark deems to be a personal property of the proprietor. If any
person other than the proprietor uses that mark for the trade which is similar to the
goods or services for which that mark has been registered, it shall be deemed to be
the infringement of the registered trademark under Section 40. If the words
"registered goods" have been displayed on their packaging or on their container, it is
a notice to prohibition of certain acts relating to those goods under Section 41.
No Infringement In Certain Cases
Section 42 of the Trade Marks Ordinance 2001 describes certain conditions in which
trade mark has not been infringed:
Where the person's name or person's place of business, so long as such use doesn't
result in a likelihood of confusion or otherwise interfere with an existing trade mark
or other property right;
The name of the predecessor in business of the person or the name of the
predecessor's place of business;
The person uses the mark in a good faith to indicate the kind, quality, quantity,
intended purpose, value, geographical origin, or some other characteristics of goods
or service; or
The person uses the mark for the purposes of comparative advertising.
Action For Infringement
Section 46 says that the action for infringement of the trade mark can be taken by
the proprietor of the trade mark.
Remedies For Infringement
Damages;
Injunctions;
Accounts; or
Any other remedies which are available to the person having some other property
rights.
Place Where The Suit Has To Be Instituted
According to Section 117 of the Trade Marks Ordinance 2001, any suit for the
infringement of any trade mark shall be instituted before District Court.
Transitional Provisions
The provisions of the Fourth Schedule shall have effect with respect to the
transitional matters, including the treatment of trademarks registered under the
Trade Marks Act, 1940, and applications for registration and other proceedings
pending under that Act, on the commencement of the Trade Marks Ordinance 2001.
General Remedies Under The Code Of Civil Procedure, 1908
Temporary Restraining Order And A Preliminary Or Permanent Injunction
If you are being wronged, you may ask the appropriate court to grant a Temporary
Restraining Order and a Preliminary or Permanent Injunction to prevent and/or stop
further infringement under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure
1908.
Statutory Damages
Allegedly infringing items or articles can be impounded while the action is pending
and may be ordered destroyed or subject to other disposition if there is an
infringement. An infringer can be liable for actual damages plus additional profits of
the infringer or statutory damages.
Liable For Injury To Business Reputation
Further, an infringer could be held liable for injury to business reputation or the
dilution in the value of the copyright, patent, or trademark. Costs and attorneys' fees
sometimes also may be awarded to the prevailing party.
Penalties Under Pakistan Penal Code Designed Against The Infringement Of Trade,
Property And Other Marks
Trademark has been defined in Section 478 of the Pakistan Penal Code and Property
Mark has been explained in Section 779 ibid. Section 480 defines the false trademark
and 481 deals with the using of false property mark.
The text of Section 478 to 489 of the Pakistan Penal Code 1860, provide penalties
against infringement of Trade, Property and other Marks which is given below:
Punishment For Using A False Trademark Or Property Mark
Section 482 says that whoever uses any false trademark or any false property mark
shall be punished with:
imprisonment of for a term which may extend to one year; or
with fine; or
with both.
Punishment For Counterfeiting A Trademark Or Property Mark
According to Section 483 the punishment for counterfeiting any trademark or
property mark is two years with fine or confinement only or fine only.
Punishment For Counterfeiting A Mark Used By A Public Servant
The offence under Section 484 is an aggravated form of the offence described in the
preceding one. An enhanced punishment is, therefore, given where a mark used by a
public servant is counterfeited. A three years punishment has been described for
counterfeiting a property mark or any other mark used by a public servant.
Punishment For Making Or Possessing Any Instrument For Counterfeiting A
Trademark Or Property Mark
According to Section 485 whoever makes or has in his possession any die, plate or
other instrument for the purpose of counterfeiting a trademark or property mark
shall be punished with imprisonment for three years with or without fine or fine
only.
Making A False Mark Upon Any Receptacle Containing Goods
Section 487 furnished the false marking of case, package, or receptacle containing
goods in a manner reasonable calculated to deceive a public servant or any other
person. It is not required that the mark should be a trade mark or property mark. A
person making a false mark upon any receptacle containing goods can escape
punishment under this section only if he proves that he acted without intent to
defraud.
Punishment For Making Use Of Any Such False Mark
According to Section 488 whoever makes use of any such false mark in any manner
prohibited by Section 487 be punished as if he has committed an offence against
Section 487 unless he proves that he acted in good faith.
Punishment For Tempering With Property Mark
Section 489 says whoever removes, destroys, defaces or adds to any property mark
with intention to cause injury to any person shall be punished with one year
imprisonment with fine or without fine or fine only.
Protection Under Customs Act, 1969
Section 15 specified certain goods which are not allowed to brought into Pakistan,
whether by air, or by sea or by land. It includes:
goods having applied a counterfeit trade mark;
goods having applied a false trade description;
goods made or produced outside Pakistan and having applied any name or trade
mark of any proprietor, dealer or trader in Pakistan unless:
the name or trade mark is as to every application, accompanied by a definite
indication of the goods that these are made or produced in a place outside Pakistan;
the country in which that place is situated is in that indication shown in letters as
large and conspicuous as any letter in the name or trade mark.
goods made or produced outside Pakistan and intended for sale and having applied a
design in which copy right exists under the Patents and Designs Act.
Prohibition Or Restriction Of Importation Or Exportation Of Goods
According to Section 16, the Central Government may, from time to time, by
notification in the official gazette, prohibit or restrict the bringing into or taking out
of Pakistan of any goods of specified description under Section 15 by air, sea or land.
Confiscation Of Goods
Section 17 of the Customs Act 1969 says that if any goods specified in Section 15 are
imported into or attempted to be exported out of Pakistan shall be liable to
detention or confiscation.
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