Provisional Measures of Trademark Enforcement in Pakistan: A Comparative Analysis with Malaysia and USA

Abstract

Trademark is mark, name, sign, smell or a sound distinguishes goods and services of one undertaking from goods and services of other undertakings. It is required to be distinctive and non-descriptive. It losses its distinctiveness when registered owner of trademark does not take prompt action against its infringement. Provisional Measures of trademark enforcement is a measure initiated by the owner of trademark during civil or administrative procedure of trademark enforcement to prevent further counterfeiting of his trademark and to protect evidence he relies upon during civil or administrative procedure of trademark enforcement. Provisional Measures of trademark enforcement in member states of World Trade Organization (WTO) must be expedient, adequate, fair, equitable, and must not be complicated, costly and time consuming. Provisional measures of trademark enforcement is a civil procedure where owner of trademark may ask the Court to prevent counterfeiter from trademark counterfeiting. This study is qualitative method of research a comparative analysis of provisional measures of trademark enforcement in Pakistan, Malaysia and USA. After a comparative analysis of provisional measures of trademark enforcement in Pakistan, Malaysia and USA, it is found that Lanham Trademark Act 1946 is comprehensive trademark law of United States of America (USA) prescribed grounds to grant and refuse to grant injunctions to prevent trademark counterfeiting. It is also found that there is a requirement in Lanham Trademark Act 1946 for a person against whom injunctive relief is passed to submit report in writing about manner and method of compliance with injunction order. These findings are required to be prescribed in trademark law of Pakistan for betterment of provisional measures of trademark enforcement.