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Cancel squatting or abandoned trademarks in Pakistan. Learn Section 73 non-use revocation, Section 96 rectification on Form TM-26, and High Court vs Registrar j
By Syed Asad Hussain Zaidi · 8 September 2026
Author Note / Last Updated: Updated September 2026 by Syed Asad Hussain Zaidi | Advocate High Court | Senior IP Litigation & Appellate Counsel.
One of the most frustrating obstacles encountered by businesses registering a brand in Pakistan is receiving an official Examination Report issued under Section 27 and Rule 28 citing an identical or deceptively similar mark that was registered ten or fifteen years ago, but whose owner has long since ceased trading, shut down operations, or abandoned the Pakistani market.
In trademark jurisprudence, the official register maintained by IPO-Pakistan is not an archival graveyard for obsolete names. A trademark is a statutory property right granted on the fundamental condition of active commercial use. Under Pakistani law, the public register must reflect commercial reality. When a registered mark sits dormant, unused, or was obtained through fraud or without a genuine intention to trade, the law provides a powerful legal remedy: Rectification and Revocation of the Register.
Governed primarily by Section 73 (Revocation on grounds of non-use) and Section 96 (Rectification or correction of register) of the Trade Marks Ordinance, 2001 (TMO 2001), rectification proceedings allow aggrieved businesses to strike blocking marks from the register, clearing the path for their own legitimate brand registrations.
This treatise provides corporate counsel, litigators, and enterprise brand owners with an exhaustive roadmap to removing abandoned trademarks in Pakistan.
Section 73 of the Trade Marks Ordinance, 2001 codifies the core doctrine of "use it or lose it". Under Section 73(1), the registration of a trade mark may be revoked on an application made by any "person aggrieved" to the High Court or to the Registrar on recognized statutory grounds:
| Ground | Statutory Provision | Legal Threshold & Evidentiary Standard | Target Scenario | | :--- | :--- | :--- | :--- | | Ground A: 5-Year Initial Non-Use | Section 73(1)(a) | Within five (5) years following the date of completion of the registration procedure, the mark has not been put to genuine commercial use in Pakistan without proper reason. | Trademark squatters, defensive filings, or hoarding without genuine launch. | | Ground B: 5-Year Interrupted Non-Use | Section 73(1)(b) | Bona fide commercial use of the mark has been suspended for an uninterrupted period of five (5) continuous years, and there are no proper reasons for non-use. | Abandoned corporate brands, discontinued product lines, or defunct businesses. | | Ground C: Genericide | Section 73(1)(c) | In consequence of acts or inactivity of the proprietor, the mark has become the common descriptive name in trade for the product or service. | Loss of distinctiveness through uncontrolled market dilution. | | Ground D: Deceptive Use | Section 73(1)(d) | The mark is used in a manner liable to mislead the public, particularly regarding nature, quality, or geographical origin. | Misleading branding or deceptive consumer practices. |
Section 73(1)(b) is the primary engine of non-use trademark litigation in Pakistan:
Under Pakistani jurisprudence, a stranger cannot initiate rectification proceedings out of mere curiosity. The petitioner must establish locus standi as a "Person Aggrieved":
| Applicant Category | Legal Basis for Standing | Practical Proof | | :--- | :--- | :--- | | Blocked Applicant | Official Examination Report cites prior mark under Section 17, blocking registration. | Certified copy of official Examination Report issued under Section 27 / Rule 28. | | Infringement Defendant | Recipient of cease-and-desist letter or defendant in trademark infringement suit. | Legal notice, plaint, or court summons served by the registered owner. | | Commercial Competitor | Operating or preparing to enter the exact product or service market in Pakistan. | Evidence of commercial trading, product manufacturing, or corporate incorporation in the sector. |
The Supreme Court of Pakistan and the High Courts have established a liberal, commercially realistic interpretation of "person aggrieved":
Under Section 96(1) and Section 73(1) of the Trade Marks Ordinance, 2001, rectification applications may be lodged either before the Registrar of Trade Marks or directly before the High Court having territorial jurisdiction (Sindh High Court at Karachi, Lahore High Court, Islamabad High Court, Peshawar High Court, or Balochistan High Court).
| Forum Dimension | Registrar of Trade Marks (TMR) | High Court (Original Jurisdiction) | | :--- | :--- | :--- | | Government & Filing Fees | Moderate statutory fee schedule on Form TM-26. | Higher court fees, formal civil litigation procedural rules. | | Adjudication Format | Quasi-judicial hearing before Registrar / Hearing Officer. | Formal judicial proceedings before a High Court Judge. | | Timeline & Scheduling | Dependent on registry hearing rosters and backlogs. | Structured hearing dates under High Court original rules. | | Litigation Pendency | Barred if an infringement or passing-off suit is pending! | Mandatory exclusive forum once legal proceedings are pending between parties. |
THE PENDENCY RULE (SECTION 96(2)): If a legal suit concerning the trademark in question is already pending before a High Court or District Court (e.g., an infringement lawsuit or passing-off action), the application for rectification CANNOT BE FILED WITH THE REGISTRAR. It must be submitted exclusively to the High Court before which the suit is pending or which has supervisory jurisdiction.
Filing a non-use cancellation petition requires rigorous evidentiary preparation. A successful campaign follows a strict six-stage lifecycle:
| Stage | Action | Key Milestones & Requirements | | :--- | :--- | :--- | | Stage 1 | Pre-Filing Market Investigation | Independent market survey affidavits in major wholesale hubs (Karachi, Lahore, Rawalpindi); corporate registry checks (SECP/FBR); web/archival audit confirming zero sales over past 5 years. | | Stage 2 | Filing Form TM-26 & Statement of Case | Lodge Form TM-26 accompanied by a verified Statement of Case drafted by an Advocate High Court setting out facts, standing, and statutory grounds under Section 73 / 96. | | Stage 3 | Notice to Registered Proprietor | Registry transmits notice and copy of Statement of Case to the owner's registered address for service in Pakistan. | | Stage 4 | Counter-Statement (Form TM-27) | Registered owner must file Form TM-27 within two (2) months. Failure to file results in default judgment expunging the mark. | | Stage 5 | Evidence on Affidavit | Applicant files supporting affidavits and investigation reports; respondent must file invoices, customs bills, or marketing evidence proving genuine use. | | Stage 6 | Hearing & Adjudication | Oral arguments before Registrar or High Court; final order striking mark off the register or dismissing the application. |
Under Pakistani law, once the applicant makes out a prima facie case of non-use through market affidavits, the burden of proof shifts decisively onto the registered proprietor to establish affirmative commercial use. To survive cancellation, the proprietor cannot rely on mere verbal assertions; they must produce:
A registered proprietor facing non-use cancellation can defeat the petition by proving recognized statutory exceptions:
| Statutory Defense | Legal Basis | Scope & Application | | :--- | :--- | :--- | | Proper Reasons for Non-Use | Section 73(1) proviso | Non-use was due to circumstances arising independently of the will of the proprietor (e.g., state-imposed import bans, foreign exchange controls, or embargoes). | | Permitted Use by Licensee | Section 80 / Registered User | Genuine commercial use by an authorized registered user or recorded licensee counts legally as use by the proprietor. | | Regulatory Approval Delays | Recognized administrative exception | Pending Drug Regulatory Authority of Pakistan (DRAP) marketing authorization for pharmaceutical marks (Class 5). | | Use on Associated Goods | Section 73(3) | Use of the mark on closely associated goods/services or in a slightly modified form that does not alter distinctiveness. |
The most common real-world application of Section 73 is breaking an examiner dead-end during routine trademark prosecution:
Before initiating or defending a trademark rectification proceeding in Pakistan, verify these critical tactical milestones:
The Trade Marks Registry of Pakistan exists to protect dynamic, operational brands—not to preserve hollow monopolies for absentee corporate ghosts. When a registered mark sits abandoned for five years or was hoarded by a bad-faith squatter, Section 73 and Section 96 of the Trade Marks Ordinance, 2001 provide a decisive statutory remedy.
Navigating rectification applications, evidentiary affidavits, and High Court jurisdiction requires sophisticated IP litigation capability. For professional assistance in expunging blocking trademarks, clearing examiner citations, or defending corporate registrations against non-use attacks, contact our IP Litigation Practice Group at TaxCalc.pk / Zaidi & Associates.
Legal & Statutory Notice: The information provided in this publication is for general educational, academic, and statutory informational purposes only under the relevant laws of Pakistan (including the Income Tax Ordinance, 2001, the Companies Act, 2017, and the Trade Marks Ordinance, 2001). This content does not constitute formal legal, financial, or tax advice. For specific assessments, consult a licensed Advocate or qualified tax professional.
