When another business uses a mark that is identical or confusingly similar to yours, the damage isn’t just financial — it chips away at the trust customers place in your brand. Khatri IP Attorneys represents brand owners, licensees, and manufacturers across Pakistan in trademark infringement disputes, helping clients quickly stop unauthorized use and recover what they’ve lost.
Whether you’ve discovered counterfeit goods bearing your logo at a local market, a competitor using a deceptively similar name, or your mark being misused online, our team investigates the matter, builds the evidence, and pursues the fastest available remedy — civil, criminal, or administrative.
Trademark infringement occurs when a person or business uses a mark — a word, logo, symbol, or combination of these — that is identical or deceptively similar to a registered mark, in a manner likely to cause confusion about the source of goods or services. The law does not require proof that a customer was actually deceived; it is enough that confusion is likely.
Under Pakistan’s Trade Marks Ordinance 2001, three things generally need to be shown to establish infringement:
Courts weigh several factors when assessing likelihood of confusion, including the similarity of the marks themselves, the relatedness of the goods or services, the strength and distinctiveness of the original mark, evidence of actual confusion, the marketing channels used by each party, and the degree of care an ordinary purchaser is likely to exercise. No single factor is decisive — it’s the overall impression that matters.
A common misconception is that only a registered proprietor can act against infringement. In reality, Pakistani law recognizes rights built through genuine use of a mark, even without formal registration. An unregistered but well-known mark can still form the basis of a passing-off action, provided the owner can show goodwill, misrepresentation, and resulting damage within the relevant geographic area. That said, formal trademark registration in Pakistan significantly strengthens a case — it creates a legal presumption of ownership and validity, shifting much of the evidentiary burden away from the rights holder.
This is one of the reasons our advice to clients rarely stops at enforcement alone. Sound brand protection usually combines registration, ongoing monitoring, and a readiness to act the moment infringement surfaces — which is really what comprehensive intellectual property services are meant to deliver: not a single transaction, but a continuous layer of protection around a brand’s most valuable asset, its identity.
Pakistani law offers a layered set of remedies, and choosing the right combination often determines how quickly a dispute is resolved.
Civil remedies are the most commonly pursued route. A rights holder can seek a permanent or preliminary injunction to stop further use of the offending mark, along with damages or an account of the infringer’s profits. Where the harm is ongoing or urgent — for instance, counterfeit stock about to hit the market — courts can grant interim relief to freeze the situation while the case proceeds.
Criminal remedies exist alongside civil options. Falsely representing a mark as registered, or dealing in goods bearing a counterfeit mark, can attract criminal proceedings under the Ordinance, including fines and imprisonment in serious cases. A criminal complaint can be pursued through a private complaint before a judicial magistrate or through a police FIR, depending on the facts.
Administrative and border remedies are especially useful against imported counterfeits. Working with Customs under the Customs Rules 2001 and the Directorate General of IPR Enforcement, rights holders can have suspect shipments flagged, inspected, and — where infringement is confirmed — seized or destroyed before the goods ever reach the market.
In practice, we often advise pursuing more than one remedy at once. A civil injunction stops the immediate harm, while a customs notice prevents fresh counterfeit stock from entering the country, and a criminal complaint adds pressure where the infringer is acting in bad faith.
Trademark disputes in Pakistan are handled by specialized forums rather than ordinary civil courts. IP Tribunals hold exclusive jurisdiction over infringement and passing-off suits, registration objections, and related matters, with the Sindh High Court handling higher-value or more complex IP litigation originating in Karachi and the wider province. This specialization matters — judges and tribunal members familiar with trademark law tend to move cases more efficiently and apply the likelihood-of-confusion analysis more consistently than a generalist court might.
Civil proceedings typically move through several stages: filing of the plaint, an application for interim relief where urgency exists, framing of issues, exchange of evidence and discovery, and finally arguments and judgment. Depending on complexity and how contested the facts are, a preliminary injunction can sometimes be secured within a few months, while a final judgment may take considerably longer.
Not every use of a similar mark amounts to infringement, and understanding the available defenses helps clients assess a dispute realistically before committing to litigation. Common defenses include prior or honest concurrent use of the mark, fair use of a descriptive term or a person’s own name, use of the mark for genuine commentary or criticism, and delay-based defenses such as acquiescence or laches, where the rights holder knew of the use and unreasonably delayed acting on it. We assess these angles from both sides — when advising a brand owner pursuing a claim, and when defending a business accused of infringement in good faith.
Pakistani trademark law builds in a time-sensitive rule: if a registered proprietor knowingly allows another party’s use of a similar or identical mark to continue for five years without objection, they may lose the right to oppose that later use, unless the later registration was obtained in bad faith. This acquiescence rule under the Ordinance makes early action important — the longer infringement goes unaddressed, the weaker the eventual claim becomes.
Counterfeiting and unauthorized use increasingly cross borders and platforms. Pakistan’s obligations under international frameworks such as TRIPS and the Paris Convention shape how conduct connected to other countries can factor into a local claim, particularly where manufacturing, advertising, or sale touches Pakistan even if the infringer is based elsewhere. The same principles extend to social media and e-commerce listings, where counterfeit goods and misleading use of a brand’s identity often surface first — and where fast, well-documented takedown and enforcement action tends to be most effective.
Based in Karachi and serving clients across Sindh and nationally, our team combines courtroom experience with a practical understanding of how brands actually operate. We help clients:
Every case starts with an honest assessment: what remedy fits the facts, what it will realistically cost, and how long it is likely to take. We would rather tell a client where a claim is weak than take on litigation that doesn’t serve their interests.
Do I need a registered trademark to sue for infringement in Pakistan?
No. A registered owner has a stronger, more straightforward path, but an unregistered owner with established goodwill can still pursue a passing-off action within the geographic area where the mark is used or would reasonably expand.
What remedies can I seek against an infringer?
Civil remedies (injunctions, damages, account of profits), criminal proceedings, and administrative measures including customs action against infringing imports.
Is there a time limit for filing a claim?
Yes. Under the acquiescence rule, five years of knowing inaction against a later registered mark can bar a claim, unless the later mark was registered in bad faith.
Which forum hears these cases?
Specialized IP Tribunals have exclusive jurisdiction over infringement and passing-off suits, with the Sindh High Court handling higher-value and appellate matters in this region.
Can conduct outside Pakistan support an infringement claim here?
It can, where manufacturing, sale, or advertising connected to that conduct has a genuine link to Pakistan, informed by treaty obligations such as TRIPS and the Paris Convention.
What if someone accuses my business of infringement?
You may have valid defenses — prior use, fair use, delay by the claimant, or others — and the matter can proceed in civil court, before a tribunal, or in some cases both civil and criminal forums simultaneously. Early legal advice matters before you respond.
Khatri IP Attorneys advises brand owners and businesses across Pakistan on trademark infringement, enforcement, and the broader intellectual property services that protect a brand over the long term. Contact us to discuss your matter.
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