ROYAL IPR SECURITY SERVICES (PVT) LTD................The Security For Intellectual Property

:: Trade Mark Ordinance 2001

CHAPTER X. -THE PARIS CONVENTION

85. Meaning of "Paris Convention" and "Convention country".- In this Ordinance-

(a) " Paris Convention" means the Paris Convention for the Protection of Industrial Property of the 20th March, 1883, as revised or amended from time to time; and

(b) a "Convention country" means a country other than Pakistan which is a party to the Paris Convention.

86. Protection of well known trade mark.- (1) References in this Ordinance to a trade mark which is entitled to protection as a well-known trade mark shall be to a mark which is so entitled under the Paris Convention and which is well-known in Pakistan as being the mark of a person who-

(a) is a national of a Convention country; or

(b) is domiciled in, or has a real and effective industrial or commercial establishment in, a Convention country,

whether or not that person carries on business, or has any goodwill, in Pakistan and references to the proprietor of such a mark shall be construed accordingly.

(2) For the purposes of this Ordinance, the tribunal while determining whether a trade mark is well known, without having to require registration or actual use in the form of sales of goods or services under the trade mark in Pakistan, shall consider the following factors as relevant criteria for establishing the well known status of the trade mark, namely:-

(i) the amount of Pakistan or worldwide recognition of the trade mark;

(ii) the degree of inherent or acquired distinctiveness of the trade mark;

(iii) the Pakistan or worldwide duration of the use and advertising of the trade mark;

(iv) the Pakistan or worldwide commercial value attributed to the trade mark;

(v) the Pakistan or worldwide geographical scope of the use and advertising of the trade mark;

(vi) the Pakistan or worldwide quality and image that the trade mark has acquired; and

(vii) the Pakistan or worldwide exclusivity of use and registration attained by the trade mark and the presence or absence of identical or deceptively similar third party trade marks validly registered or used in relation to identical or similar goods and services.

(3) The owner of a trade mark which is entitled to protection under the Paris Convention as a well-known trade mark shall be entitled to restrain by injunction the use in Pakistan of a trade mark which, or the essential part of which, is identical or deceptively similar to the well-known trade mark-

(a) in relation to identical or similar goods or services, where the use is likely to cause confusion; or

(b) where such use causes dilution of the distinctive quality of the well-known trade mark.

(4) Rights conferred under sub-section (3) shall be subject to the provisions of section 81 and nothing in the said sub-section shall affect the continuation of any bona fide use of a trade mark begun before the commencement of this Ordinance.

87. National emblems of Convention countries.- (1) A trade mark which consist of or contains the flag of a Convention country shall not be registered without the authorization of the competent authorities of that country, unless it appears to the Registrar that use of the flag in the manner proposed is permitted without such authorization.

(2) A trade mark which consists of, or contains, the armorial bearings or any other state emblem of a Convention country which is protected under the Paris Convention shall not be registered without the authorization of the competent authorities of that country.

(3) A trade mark which consists of, or contains, official mark or hallmark adopted by a Convention country and indicating control and warranty shall not, where the mark or hallmark is protected under the Paris Convention, be registered in relation to goods or services of the same, or a similar kind, as those in relation to which it indicates control and warranty, without the authorization of competent authorities of the country concerned.

(4) The provisions of this section as to national flag and other state emblem, and official mark or hallmark, shall apply equally to anything which from a heraldic point of view imitates such flag or other emblem, mark or hallmark.

(5) Nothing in this section shall prevent the registration of a trade mark on the application of the national of a country who is authorized to make use of a state emblem, or official mark or hallmark, of that country, notwithstanding that it is similar to that of another country.

(6) Where by virtue of this section the authorization of competent authorities of a Convention country is or would be required for the registration of a trade mark, those authorities shall be entitled to restrain by injunction any use of the mark in Pakistan without their authorization.

88. Emblems of certain international organizations.-(1) A trade mark which consists of or contains any such emblem, abbreviations or name which is protected under the Paris Convention shall not be registered without the authorization of the international organization concerned, unless it is appears to the Registrar that the use of the emblem, abbreviation or name in the manner proposed-

(a) is not such as to suggest to the public that a connection exists between the organization and the trade mark; or

(b) is not likely to mislead the public as to the extent of a connection between the user and the organization.

(2) The provisions of this section as to emblem of an international organization shall apply equally to anything which from a heraldic point of view imitates any such emblem.

(3) Where under this section the authorization of an international organization is, or would be, required for the registration of a trade mark, that organization shall be entitled to restrain by injunction any use of the mark in Pakistan without its authorization.

(4) Nothing in this section shall affect the rights of a person whose bona fide use of the trade mark in question began before the commencement of this Ordinance.

89. Notification under Article 6ter of the Paris Convention.- (1) For the purposes of section 87, state emblem of a Convention country, other than the national flag, and official marks and hallmarks, shall be regarded as protected under the Paris Convention only if, or to the extent that-

(a) the country in question has notified Pakistan in accordance with Article 6ter(3) of the Paris Convention that it desires to protect that emblem, mark or hallmark;

(b) the notification remains in force; and

(c) Pakistan has not objected to it in accordance with Article 6ter(4) of the Paris Convention or any such objection has been withdrawn.

(2) For the purposes of section 88, the emblems, abbreviations and names of an international organization shall be regarded as protected under the Paris Convention only if, or to the extent that-

(a) the organization in question has notified Pakistan in accordance with Article 6ter(3) of the Paris Convention that it desires to protect that emblem, abbreviation and name;

(b) the notification remains in force; and

(c) Pakistan has not objected to it in accordance with Article 6ter(4) of the Paris Convention or any such objection has been withdrawn.

(3) A notification under Article 6ter(3) of the Paris Convention shall have effect only in relation to applications for registration made more than two months after the receipt of such notification.

(4) The Registrar shall keep and make available for public inspection by any person, at all reasonable hours and free of charge, a list of-

(a) the state emblems and official marks or hallmarks; and

(b) the emblems, abbreviations and names of international organizations,

which are for the time being protected under the Paris Convention by virtue of notification under Article 6ter(3) of the Paris Convention.

90. Acts of agent or representative.-(1) Where an application for registration of a trade mark is made by a person who is an importer, or an agent not being an agent under section 128, or a representative of a person who is the proprietor of the mark in a Convention country, then-

if the proprietor opposes the application, registration shall be refused; or
if the application, not being so opposed, is granted, the proprietor may-

apply for the declaration of the invalidity of the registration; or
apply for the rectification of the Register so as to substitute his name as the proprietor of the registered trade mark.

(2) The proprietor may notwithstanding the rights conferred by this Ordinance, in relation to a registered trade mark, by injunction restrain any use of the trade mark in Pakistan which is not authorised by him.

(3) The provisions of sub-section (1) or (2) shall not apply if, or to the extent that, the agent or representative justifies his action.

(4) An application under clause (a) or (b) of sub-section (1) shall be made within three years of the proprietor becoming aware of the registration, and no injunction shall be granted under sub-section (2) in respect of a use in which the proprietor has acquiesced for a continuous period of three years or more.

91. Nature of goods or services to which a mark is to be applied..- For the purposes of registration of a trade mark under this Ordinance, the nature of goods or services to which a trade mark is to be applied shall in no case form an obstacle to the registration of the trade mark.

92. Trade name.- A trade name shall be protected without the obligation of filing or registration under this Ordinance whether it forms part of a trade mark or not.

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CHAPTER XI.- SPECIAL PROVISIONS FOR TEXTILE GOODS

93. Textile goods.- The Federal Government shall prescribe classes of goods, in this Chapter referred to as textile goods, to the trade marks used in relation to which the provisions of this Chapter shall apply, and subject to the said provisions, the other provisions of this Ordinance shall apply to such trade marks as they apply to trade marks used in relation to other classes of goods.

94. Restrictions on registration of textile goods.- (1) In respect of textile goods, being piece goods-

(a) no mark consisting of a line heading alone shall be registerable as a trade mark;

(b) a line heading shall not be deemed to be adapted to distinguish; and

(2) In respect of any textile goods, the registration of letters or numerals, or any combination thereof, shall be subject to such conditions and restrictions as may be prescribed.

95. Advisory Committees.- (1) The Federal Government may, in such manner, as may be prescribed, constitute one or more Advisory Committees of persons well versed in the usages of the textile trade for the purposes of this Chapter.

(2) The Registrar shall consult any such Advisory Committee with respect to any circumstances peculiar to the textile trade arising on an application to register a trade mark in respect of textile goods.

(3) The place of meeting and the conduct of business of any such Advisory Committee shall be determined as may be prescribed.

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CHAPTER XII. RECTIFICATION AND CORRECTION OF THE REGISTER

96. Rectification or correction of Register.-(1) Any person having a sufficient interest may apply for the rectification of an error or omission in the Register:

Provided that an application for rectification may not be made in respect of a matter affecting the validity of the registration of a trade mark.

(2) An application for rectification may be made to the Registrar, except that-

(a) if proceedings concerning the trade mark in question are pending in the Court, the application shall be made to the Court; and

(b) in case the application is made to the Registrar, he may at any stage of the proceedings refer the application to the Court.

(3) Except where the Registrar or the Court directs otherwise, the effect of rectification of the Register shall be that the error or omission in question shall be deemed never to have been made.

(4) The Registrar may, on application made in such manner, as may be prescribed, by the proprietor of the registered trade mark, or a licensee, enter any change in his name or address as recorded in the Register.

97. Adoption of entries to new classification.-(1) The Registrar may, if he considers it necessary, implement any amended or substituted classification of goods or services for the purposes of the registration of trade marks as may be prescribed.

(2) The existing entries on the Register may be amended to record any new classification as may be prescribed.

(3) Any such power of amendment referred to in sub-sections (2) and (3), shall not be exercised so as to extend the rights conferred by the registration except where it appears to the Registrar that compliance with this requirement would involve undue complexity and that any extension would not be substantial and would not adversely affect the rights of any person.

(4) The Registrar may, -

(a) require the proprietor of a registered trade mark, within such time as may be prescribed, to file a proposal for amendment of the Register; and

(b) cancel or refuse to renew the registration of the trade mark in the event of his failing to do so.

(5) Any proposal, referred to in sub-section (4), shall be advertised and may be opposed in such manner as may be prescribed.

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CHAPTER XIII. - OFFENCES, PENALTIES AND PROCEDURE

98. Meaning of applying a trade description.-(1) A person shall be deemed to apply a trade description to goods or services who-

(a) applies a trade description to the goods themselves or uses it in relation to goods or services;

(b) applies a trade description to any package in or with which the goods are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture;

(c) places, encloses or annexes any goods which are sold or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture in or with any package or other thing to which a trade description has been applied;

(d) uses a trade description in any manner reasonably likely to lead to the belief that the goods or services in connection with which it is used are designated or described by that trade description; or

(e) in relation to the goods or services uses a trade description in any sign, advertisement, invoice, catalogue, business letter, price list or other commercial documents, and goods are delivered or services are rendered to a person in pursuance of a request or order made by reference to the trade description as so used.

(2) A trade description shall be deemed to be applied to goods whether it is woven in, impressed on, otherwise worked into, or annexed or affixed to, the goods or to any packaging or other thing.

99. Penalty for applying false trade description, etc.- Any person who-

applies any false trade description to goods or services;
applies to any goods to which an indication of the country or place in which they were made or produced or the name and address of manufacturer or person for whom the goods are manufactured is required to be applied under section 126, a false indication of such country, place, name or address;
tampers with, alters or effaces an indication of origin which has been applied to any goods to which it is required to be applied under section 126; or
causes any of the aforementioned things to be done,

shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which shall not be less than three months but which may extend to two years, or with fine which shall not be less than fifty thousand rupees, or with both.

100. Enhanced penalty on second or subsequent convictions.-Whoever having already been convicted of an offence under section 99 is again convicted of any such offence shall be punished for the second and every subsequent offence with imprisonment of either description for a term which shall not be less than six months but which may extend to three years, or with fine which shall not be less than one hundred thousand rupees, or with both.

101. Penalty for falsification of entries in Register.-Any person who makes, or causes to be made, a false entry in the Register, or a writing falsely purporting to be a copy of an entry in the Register, or produces or tenders, or causes to be produced or tendered, in evidence any such writing, knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to two years, or with fine which shall not be less than fifty thousand rupees, or with both.

102. Penalty for falsely representing a trade mark as registered.- (1) No person shall make any representation-

with respect to a mark not being a registered trade mark, to the effect that it is a registered trade mark;
with respect to a part of a registered trade mark not being a part separately registered as a trade mark, to the effect that it is separately registered as a trade mark;
to the effect that a registered trade mark is registered in respect of any goods or services in respect of which it is not, in fact, registered; or
to the effect that the registration of a trade mark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitations entered on the Register, the registration does not, in fact, give that right.

(2) If any person contravenes any of the provisions of sub-section (1), he shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to six months, or with fine which shall not be less then twenty thousand rupees, or with both.

(3) For the purposes of this section, the use in Pakistan in relation to a trade mark of the word "registered", or of any other expression referring whether expressly or impliedly to registration, shall be deemed to import a reference to registration in the Register, except-

where that word or other expression is used in direct association with other words delineated in characters at least as large as those in which that word or other expression is delineated and indicating that the reference is to registration as a trade mark under the laws of a country other than Pakistan, being a country under the laws of which the registration referred to is, in fact, in force;
where that other expression is of itself such as to indicate that the reference is to such registration as is mentioned in clause (a); or
where that word is used in relation to a mark registered as a trade mark under the laws of a country other than Pakistan and in relation solely to goods or services to be exported to that country.

(4) The Registrar may, either suo moto or upon a complaint in writing made to him, call upon any person who is allegedly contravening any of the provisions of clauses (a) to (d) of sub-section (1) to show cause as to why action should not be taken against him:

Provided that power of the Registrar shall be limited to the imposition of fine as provided under sub-section (2) or, if pending, to refusal of application for registration of the trade mark, or if the trade mark is registered, to invalidation of the registration, or any combination thereof, as the case may be.

103. Restraint of use of Government Arms and State emblems.- If a person, without due authority, uses in connection with any trade, business, calling or profession-

(a) the flag of Pakistan in such manner as to be misleading;

(b) Government Arms or arms so closely resembling the same as to be calculated to deceive, in such manner as to be calculated to lead to the belief that he is duly authorised so to use the Government Arms;

(c) name, title and semblance of Quaid-i-Azam Mohammad Ali Jinnah or Allama Dr. Mohammad Iqbal or any variations thereof, or any device, emblem or title in such manner as to be calculated to lead to the belief that he is employed by, or supplies goods to, or is connected with, the Federal Government or any Provincial Government or any department of any such Government; or

(d) the emblem, the official seal and the name or any abbreviation of the name of the United Nations or any subsidiary body set up by the United Nations or of the World Health Organization or of the World Intellectual Property Organization or of the World Trade Organization in such manner as is to be calculated to lead to the belief that he is duly authorized by the competent authorities of these organizations to use the emblem, seal or name,

he may, at the suit of the Registrar or of any person who is authorized to use such Arms, device, emblem or title, be restrained by injunction from continuing so to use the same:

Provided that noting in this section shall be construed as affecting the right, if any, of the proprietor of a trade mark containing such Arms, device, emblem or title to continue to use such trade mark.

104. Offences by companies.- (1) If the person committing an offence under this Ordinance is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation. - For the purposes of this section-

"company" means any body corporate and includes a partnership, firm or other association of individuals; and
"director" in relation to a firm, means a partner in the firm.

105. Powers to award compensation for offenses.- (1) In any prosecution under this Ordinance, the competent Court may, when passing a sentence of fine, direct that an amount not exceeding fifty per cent of the fine imposed by it but commensurate with the loss suffered by the party shall be paid as compensation to the person whose right has been infringed or to the heirs or legal representatives of such person.

(2) The payment of any compensation to any person under sub-section (1), shall be without prejudice to his right to any claim in a suit or other proceedings which may be instituted, or may be pending in a Court, in relation to the same matter.

106. Punishment of abetment in Pakistan of acts done out of Pakistan.- If any person, being within Pakistan, abets the commission, without Pakistan of any act which, if committed in Pakistan, would, under this Ordinance, be an offence, he may be tried for such abetment in any place in Pakistan in which he may be found and be punished therefor with the punishment to which he would be liable if he had himself committed in that place the act which he abetted.

107. Penalty for improperly describing a place of business as connected with the Trade Marks Registry.- If any person uses his place of business, or on any document issued by him, or otherwise, words which would reasonably lead to the belief that his place of business is, or is officially connected with, the Trade Marks Registry, he shall be guilty of an offence punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

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CHAPTER XIV- MISCELLANEOUS AND GENERAL PROVISIONS

108. Power of Registrar to require use of forms.- (1) The Registrar may require the use of such forms as he may direct for any purpose relating to the registration of a trade mark or any other proceedings before him under this Ordinance.

(2) The forms and any directions of the Registrar with respect to their use shall be notified in the manner as may be prescribed.

109. Information about applications and registered trade marks.- (1) After publication of an application for registration of a trade mark the Registrar shall on request provide a person with such information and permit him to inspect such documents relating to the application, or to any registered trade mark resulting from it, as may be specified in the request, subject to such restrictions, as may be prescribed.

(2) Any request under sub-section (1) shall be made in the prescribed manner and be accompanied by the prescribed fee.

(3) Before publication of an application for registration of a trade mark, document or information constituting or relating to the application shall not be published by the Registrar or communicated by him to any person except-

in such cases and to such extent as may be prescribed; or
with the consent of the applicant,

but subject to the provisions of sub-section (4).

(4) Where a person has been informed that an application for registration of a trade mark has been made, and that the applicant will if the application is granted bring proceedings against him in respect of acts done after publication of the application, he may make a request under sub-section (1) notwithstanding that the application has not been published and that sub-section shall apply accordingly.

110. Costs, security for costs and fine.- (1) Provisions may be made by rules empowering the Registrar, in any proceedings before him under this Ordinance-

to award any party such costs as he may consider reasonable;
to impose fine as he may consider reasonable; and
to direct how and by whom costs or fines shall be paid.

(2) Any such order of the Registrar may be executable in the same way as a decree of a Civil Court.

(3) Provisions may be made by rules empowering the Registrar, in such cases as may be prescribed, to require a party to proceedings before him to give security for costs in relation to those proceedings or to proceedings on appeal and as to the consequences if security is not given.

111. Procedure before the Registrar.- (1) In all proceedings under this Ordinance before the Registrar-

(a) the Registrar shall have all the powers of a Civil Court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents, issuing commissions for the examination of witnesses and granting a certificate of contested validity;

(b) evidence shall be given by affidavit, provided that the Registrar may, if he thinks fit, take oral evidence in lieu of, or in addition to, such evidence by affidavit.

(2) the Registrar shall not exercise any powers vested in him by this Ordinance or the rules made

thereunder adversely to any party duly appearing before him, if required in writing within the

prescribed time so to do, without giving such party an opportunity of being heard.

112. Certificate of validity of contested registration.- If in any legal proceedings in which the validity of the registration of a trade mark comes into question and a decision is given in favour of the proprietor of the trade mark, the tribunal may grant a certificate to that effect, and if such a certificate is granted, then in any subsequent legal proceedings in which the said validity comes into question, the said proprietor on obtaining a final order or judgement in his favour shall, unless the said final order or judgement for sufficient reason directs otherwise, be entitled to his full costs, charges and expenses as between legal practitioner and client.

113. Registrar's appearance in proceedings involving the Register.- (1) In all proceedings before the Court involving application for-

(a) the revocation of the registration of a trade mark;

(b) a declaration of the invalidity of the registration of a trade mark; or

the Registrar shall be entitled to appear and be heard and shall appear if so directed by the Court.

(2) Unless otherwise directed by the Court, the Registrar may instead of appearing submit to the Court a statement in writing signed by him, giving particulars of-

(a) any proceedings before him in relation to the matter in issue;

(b) the grounds of any decision given by him affecting it;

(d) such matters relevant to the issues and within his knowledge as Registrar as he thinks fit,

and the statement shall be deemed to form part of the evidence in the proceedings.

(3) Anything which the Registrar is or may be authorized or require to do under this section may be done on his behalf by a duly authorized officer by him.

114. Appeal against the decision of the Registrar.- (1) Save as otherwise expressly provided in this Ordinance, an appeal shall lie, within the prescribed period, against any decision of the Registrar under this Ordinance or rules made thereunder to the High Court having jurisdiction:

Provided that if any suit or other proceedings concerning the trade mark in question is pending before a High Court or a District Court, the appeal shall lie to that High Court or, as the case may be, to the High Court within whose jurisdiction that District Court is situated.

(2) In an appeal by an applicant for registration against a decision of the Registrar under section 21, 22 or 28, it shall not be open, save with the express permission of the Court, to the Registrar or any party opposing the appeal to advance grounds other than those recorded in the said decision or advanced by the party in the proceedings before the Registrar, as the case may be, and where any such additional grounds are advanced, the applicant for registration may, on giving notice in the prescribed manner, withdraw his application without being liable to pay the costs of the Registrar or the parties opposing his application.

(3) Subject to the provisions of this Ordinance and of rules made thereunder, the provisions of the Code of Civil Procedure, 1908 ( Act V of 1908), shall apply to appeals before a High Court under this Ordinance.

115. Procedure before the Federal Government.- In all proceedings under this Ordinance before the Federal Government, evidence shall be given by affidavit, provided that the Federal Government may, if it thinks fit, take oral evidence in lieu of, or in addition to, such evidence by affidavit, and shall for that purpose have all the powers of a Civil Court referred to in clause (a) of section 111.

116. Procedure in certain cases of option to apply to a Court or the Registrar.- Where under this Ordinance, an applicant has the option of making an application either to a Court or to the Registrar-

(a) if any suit or proceedings concerning the trade mark in question are pending before a Court, the application shall be made to the Court; and

(b) in any other case, if the application is made to the Registrar, he may at any stage of the proceedings refer the application to the Court.

117. Suits for infringement to be instituted before District Court.- No suit for the infringement of a trade mark or otherwise relating to any right in a trade mark shall be instituted in any Court inferior to a District Court having jurisdiction to try the suit.

118. Costs of Registrar in proceedings before a Court.- In all proceedings under this Ordinance before a Court, the costs of the Registrar shall be in the discretion of the Court, but the Registrar shall not be ordered to pay the costs of any of the parties.

119. Burden of proving use of trade mark.- If in any civil proceedings under this Ordinance, if a question arises as to the use to which a registered trade mark has been put, it shall be for the proprietor to show what use has been made of it.

120. Certain persons to be public servants.- Every person appointed under this Ordinance shall be deemed to be a public servant within the meaning of section 21 of the Pakistan Penal Code, 1860 (Act XLV of 1860).

121. Documents open to public inspection.- (1) Save as otherwise provided in this Ordinance-

(a) the Register and any document upon which any entry in the Register is based;

(b) every notice of opposition to the registration of a trade mark, application for rectification before the Registrar, counter-statement thereto, and any affidavit or documents filed by the parties in any proceedings before the Registrar;

shall, subject to such conditions as may be prescribed, be open to public inspection at the Trade Marks Registry.

(2) Any person may, on an application to the Registrar and on payment of such fees as may be prescribed, obtain a certified copy of any entry in the Register or any document referred to in sub-section (1).

122. Death of a party to any proceedings under this Ordinance.- If a person who is a party to any proceedings under this Ordinance, not being any proceedings before a Court, dies pending the proceedings, the Registrar may, on request, and on proof to his satisfaction of the transmission of the interest of the deceased person, substitute in the proceedings his successor in interest in his place, or if the Registrar is of opinion that the interest of the deceased person is sufficiently represented by the surviving parties, permit the proceedings to continue without the substitution of his successor in interest.

123. Extension of time.- (1) If the Registrar is satisfied, on application made to him in the prescribed manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for doing any act not being a time expressly provided in this Ordinance, whether the time so specified has expired or not, he may subject to such conditions as he may think fit to impose, extend the time and inform the parties accordingly.

(2) Nothing in sub-section (1) shall be deemed to require the Registrar to hear the parties before disposing of an application for extension of time and no appeal shall lie from any order of the Registrar under this section.

124. Registrar and other officers not compellable to produce Register, etc.- The Registrar or any officer of the Trade Marks Registry shall not, in any legal proceedings to which he is not a party, be compellable to produce the Register or any other document in his custody the contents of which can be proved by the production of a certified copy issued under this Ordinance or to appear as a witness to prove the matters therein recorded unless by order of the Court made for special case.

125. Power to require goods to show indication of origin.- (1) The Federal Government may, by notification in the official Gazette, require that goods of any description specified in the notification, which are made or produced beyond the limits of Pakistan and imported into Pakistan, or which are made or produced within the limits of Pakistan, shall from such date as may be appointed by the notification not being less than three months from its issue, have applied to them an indication of the county or place in which they were made or produced, and of the name and address of the manufacturer or the person for whom the goods were manufactured.

(2) The notification under sub-section (1) may specify the manner in which such indication shall be applied, that is to say, whether to goods themselves or in any other manner and the times or occasions on which the presence of the indication shall be necessary, that is to say, whether on importation only, or also at the time of sale, whether by wholesale or retail or both.

(3) The provisions of section 23 of the General Clauses Act, 1897 (X of 1897), shall apply to the issue of a notification under sub-section (1), as they apply to the making of a rule or bye-law the making of which is subject to the condition of previous publication.

(4) A notification under sub-section (1), shall not apply to goods made or produced beyond the limits of Pakistan and imported into Pakistan, if in respect of those goods the Collector of Customs is satisfied at the time of importation that they are intended for exportation whether after transhipment in or transit through Pakistan or otherwise.

126. Address for service.- (1) Every applicant or opponent in any proceedings under this Ordinance, who does not reside or carry on business within Pakistan, shall give an address for service in Pakistan and such address may be treated as the actual address of that person for all purposes connected with the proceedings in question.

(2) The address for service shall be deemed to be address of the applicant or the opponent and all documents in relation to the application or notice of opposition may be served by leaving them at or sending them by registered post to the address for service of the applicant or opponent, as the case may be.

127. Trade mark agents.- (1) Where by or under this Ordinance any act, other than the making of an affidavit, is required to be done by any person, the act may, subject to such conditions as may be prescribed, be done, in lieu of by that person himself, by duly authorised agent whose is registered with the Trade Marks Registry in the prescribed manner as a trade mark agent.

(2) The Federal Government may, by notification in the official Gazette, make rules for providing qualifications, registration and conduct of trade mark agents.

128. Fees.-(1) There shall be paid in respect of applications and registration and other matters under this Ordinance such fees as may be prescribed.

(2) Provisions may be made by rules for-

(a) the payment of a single fee in respect of two or more matters; and

(b) the circumstances if any in which a fee may be repaid or remitted.

129. The Federal Government and a Provincial Government to be bound.- The provisions of this Ordinance shall be binding on the Federal Government and a Provincial Government.

130. Power to make reciprocal arrangements with any other Government.- Without prejudice to the provisions of Articles 3 and 4 of the Agreement on Trade Related Aspects of Intellectual Property Rights, 1994, the Federal Government may, by notification in the official Gazette, enter into reciprocal arrangements with other Governments for the purpose of this Ordinance.

131. Power of High Court to make rules.- The High Court may make rules consistent with the provisions of this Ordinance as to the conduct and procedure of all proceedings under this Ordinance before it.

132. Power of the Federal Government to make rules.- (1) The Federal Government may, subject to the condition of previous publication, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

the matters to be included in the Register under sub-section (1) of section 10;
conditions and restrictions subject to which the Register shall be open to the inspection of the public under sub-section (5) of section 10;
classification of goods and services in accordance with the international classification of goods and services under sub-section (1) of section 12;
publication of alphabetical index of classification of goods and services under sub-section (2) of section 12;
the manner in which the Registrar may notify a word as an international non-proprietary name under section 16;
the manner of making an application for registration of a trade mark under sub-section (1) of section 22;
the manner and period for making a Convention application under clause (b) of sub-section (2) of section 25;
the matters related to the manner of claiming a right to priority on the basis of a Convention application under sub-section (7) of section 25;
conditions for grant of temporary protection in respect of goods or services during exhibition under sub-section (4) of section 26;
the manner of giving notice to the Registrar under sub-section (2) of section 28 for opposing an application for registration advertised or re-advertised under sub-section (1) of section 28 and the fee payable for such application, making an application for extension of time under sub-section (2) of section 28 and the fee payable for such application;
the manner of serving a copy of the notice on the applicant, an application for extension of time under sub-section (4) of section 28 and the fee payable for such application, sending a counter-statement of the grounds and fee payable for such application;
the manner of serving a copy of the counter-statement on the opponent, an application for extension of time under sub-section (5) of section 28 and the fee payable for such application, sending a rejoinder to the Registrar;
the manner of sending a copy of the rejoinder to the applicant under sub-section (6) of section 28;
the manner of submitting any evidence under sub-section (7) of section 28 and time limit for submitting such evidence;
the manner of permitting correction of any error in, or any amendment of, a notice of opposition, a counter-statement, or a rejoinder under sub-section (9) of section 28;
the manner of notifying the Registrar under sub-clause (i) of clause (b) of section 30;
the time within which an application shall be registered under sub-section (1) of section 33;
the fee payable and the time within which such fee is payable under sub-section (2) of section 33;
the manner of publication of the registration and the form of certificate of registration under sub-section (4) of section 33;
the manner of giving notice under sub-section (5) of section 33;
the manner of informing the proprietor of a registered trade mark of the date of expiry within which the registration may be renewed under sub-section (2) of section 35;
the further period in which additional renewal fee shall be paid under sub-section (3) of section 35;
the manner and conditions for restoration of the registration which has been removed from the Register under sub-section (6) of section 35;
the matters related to the publication of alteration and the making of objections by any person claiming to be affected by it under sub-section (3) of section 37;
the matters related to manner and effect of a surrender, and for protecting the interests of other persons having a right in the registered trade mark under sub-section (2) of section 38;
the time period within which the applicant, by notice in writing to the Collector of Customs, consents to the release of the goods under clause (a) of sub-section (2) of section 59;
the particulars of the transaction which are to be entered in the Register under sub-sections (1) and (3) of section 70;
the matters specified in sub-sections (4) and(5) of section 70;
the manner of making application and the fee payable for such application under sub-section (4) of section 72;
the classes of goods under section 93;
the conditions and restrictions subject to which registration of letters or numerals, or any combination thereof in respect of textile goods may be allowed under sub-section (2) of section 94;
the manner of constituting one or more Advisory Committees under sub-section (1) of secti