Trademark vs Patent – Which One Protects Your Innovation?
Introduction
In Pakistan’s growing innovation ecosystem, entrepreneurs, inventors, and startups often struggle to understand whether they need a trademark or a patent to protect their intellectual property. Both serve different purposes: a trademark protects your brand identity, while a patent protects your technical invention. Knowing which one applies to your business can save you time, cost, and potential legal issues.
Understanding Trademarks and Patents
Before diving into the differences, it’s important to understand what each type of protection covers and why it matters under Pakistan’s intellectual property laws. Both are administered by the Intellectual Property Organization of Pakistan (IPO-Pakistan), but they apply to distinct types of assets.
What Is a Trademark?
A trademark is a unique sign, logo, symbol, phrase, or combination of these elements used to identify a company’s products or services. It distinguishes your business from competitors and helps consumers recognize your brand instantly.
For example, logos like Pepsi, Khaadi, or Careem are all protected trademarks.
What Is a Patent?
A patent is a legal right granted for a new invention, whether it’s a product, process, or technological improvement that offers a novel and useful solution. Patents prevent others from making, using, or selling your invention without permission for a specific period, typically 20 years from the filing date.
Key Differences Between Trademark and Patent
| Aspect | Trademark | Patent |
|---|---|---|
| Purpose | Protects brand identity (logo, name, symbol, slogan) | Protects inventions, processes, or technologies |
| Law Governing | Trademarks Ordinance, 2001 | Patents Ordinance, 2000 |
| Administered By | IPO Pakistan – Trademarks Registry | IPO Pakistan – Patent Office |
| Validity Period | 10 years (renewable indefinitely) | 20 years (non-renewable) |
| Type of Protection | Prevents others from copying your brand | Prevents others from making or selling your invention |
| Example | “Foodpanda” name and logo | A new food delivery tracking algorithm |
| Requirement for Novelty | Not required | Must be new, non-obvious, and industrially applicable |
| Territorial Coverage | National (can extend via Madrid Protocol) | National (can extend via PCT – Patent Cooperation Treaty) |
When to Choose a Trademark
You should apply for a trademark if you want to:
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Protect your business name, logo, or brand identity
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Prevent competitors from copying your packaging or tagline
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Build brand recognition and trust with consumers
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Operate in eCommerce or retail sectors where brand visibility matters
A trademark ensures that your business identity remains uniquely yours and helps build long-term brand value.
When to Choose a Patent
You should apply for a patent if you have:
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Created a new product, process, or software that solves a technical problem
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Developed unique hardware or machinery
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Designed an improved manufacturing process or chemical composition
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Built a technical innovation that can be commercially valuable
Patents are ideal for startups, R&D-based businesses, or inventors in the technology, pharmaceutical, and industrial sectors.
Trademark Registration Process in Pakistan
Here’s how you can register a trademark under IPO-Pakistan:
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Trademark Search: Check if your logo or brand name is unique using the IPO database.
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File Application (Form TM-1): Submit your mark in the relevant class of goods/services.
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Examination: IPO reviews the mark for similarity and compliance.
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Publication in Journal: If approved, the mark is published for a 2-month opposition period.
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Registration Certificate: If no objection arises, IPO issues your trademark certificate valid for 10 years.
Patent Registration Process in Pakistan
The patent registration process is more technical and detailed. Here’s an overview:
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Prepare Technical Documents: Include title, description, drawings, and claims of your invention.
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File Application (Form P-1): Submit with IPO Pakistan’s Patent Office (Karachi or regional office).
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Examination Request: File within 36 months from the filing date.
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Examination & Objection Handling: IPO examines novelty, industrial applicability, and originality.
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Grant of Patent: Once approved, the patent is registered for 20 years from the filing date.
Documents Required for Each
| Trademark Registration | Patent Registration |
|---|---|
| Form TM-1 (Application Form) | Form P-1 (Patent Application) |
| Logo design (JPEG format) | Detailed invention description |
| CNIC or Incorporation Certificate | Technical drawings or diagrams |
| Fee Challan (NBP deposit) | Claims and abstract |
| Power of Attorney (if agent applies) | Fee Challan (NBP deposit) |
Fees and Duration
| Process | Fee (PKR) | Duration |
|---|---|---|
| Trademark Registration | 3,000–5,000 | 6–9 months |
| Patent Registration | 6,000–10,000 | 18–24 months |
Can You Register Both Trademark and Patent?
Yes. Many companies register both to achieve complete intellectual property protection. For instance, a company developing a new hardware device can patent the technology and trademark the brand name and logo. This ensures no one can copy either the product’s invention or its branding.
What Happens if You Don’t Register?
Without registration:
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Others can legally register your logo or invention before you.
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You lose exclusive rights to commercialize your product or brand.
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Legal protection becomes difficult in case of disputes.
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Investors and international clients may consider your business risky or unprotected.
Global Protection Options
For international operations, Pakistani businesses can extend protection via:
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Madrid Protocol (for trademarks) – simplifies global trademark filing.
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Patent Cooperation Treaty (PCT) – allows international patent filing through a single application.
Final Thoughts
Both trademarks and patents are powerful tools for safeguarding innovation — they just protect different assets. If your goal is to protect your brand, go for a trademark. If you’ve created a technical innovation, apply for a patent. In many cases, businesses benefit from securing both to ensure complete control over their intellectual property in Pakistan and beyond.
