Trademark Infringement & Passing-Off Lawyer in Lahore — Stop Brand Copying

What Is Trademark Infringement & Passing-Off Under Pakistani Law?

Infringement, under Section 40 of the Trade Marks Ordinance 2001, occurs when someone uses a mark identical or confusingly similar to your registered trademark in relation to the same or similar goods or services, without your permission. Passing-off is a separate common law action that protects an unregistered but well-established brand — it requires showing goodwill in the mark, misrepresentation by the defendant, and resulting or likely damage. Both actions are typically brought before the District Court, which holds unlimited pecuniary jurisdiction for trademark matters, and both can be pursued alongside criminal action against counterfeiters where the copying involves fraud or forged goods.

When You Need an Infringement & Passing-Off Lawyer

• A competitor is using a mark identical or confusingly similar to your registered trademark.
• Counterfeit goods bearing your brand are being sold in the market or online.
• Your unregistered but established brand is being copied or misrepresented by someone else.
• You need an urgent injunction to stop ongoing infringement or counterfeiting.
• You want to pursue damages or an account of profits from an infringer.
• You are accused of infringement and need to defend your use of a mark.

The Infringement & Passing-Off Procedure — Step by Step

1. We review your trademark registration or evidence of established goodwill, and the infringing party's use.
2. We send a cease-and-desist notice demanding the infringing use stop, which often resolves matters without litigation.
3. Where necessary, we file for an interim injunction to stop ongoing infringement while the case proceeds.
4. We draft and file the infringement or passing-off suit before the District Court.
5. We pursue damages or an account of profits, and coordinate criminal action against counterfeiters where warranted.
6. We pursue takedown requests with online marketplaces where infringing listings are involved.

Documents Required

• Trademark registration certificate, or evidence of established use and goodwill
• Evidence of the infringing use — samples, photographs, or marketplace listings
• Sales and marketing records showing the strength of your brand's reputation
• Any correspondence already exchanged with the infringing party
• CNIC/company registration and, for overseas clients, a power of attorney

Timeline & Cost Framework

A cease-and-desist notice can resolve straightforward cases within weeks. An urgent injunction application can sometimes be decided within days to a few weeks where genuine urgency is shown. The full infringement or passing-off suit, if contested, typically takes a year or more before the District Court. Fee structure is confirmed after the first consultation, based on the scale of infringement and remedies sought.

Common Mistakes to Avoid

• Delaying action against known infringement, which can weaken your position and damages claim.
• Assuming an unregistered brand has no protection — passing-off remains available.
• Failing to document the scale and duration of infringement thoroughly before filing suit.
• Ignoring online marketplace listings while pursuing only offline infringers.
• Ignoring a cease-and-desist notice received, without properly assessing whether your own use is defensible.

For Overseas Pakistanis

Overseas Pakistani brand owners often discover their trademark being copied in the Pakistani market while running their business from abroad. We pursue infringement and passing-off action on your behalf, including cease-and-desist notices, injunctions, and marketplace takedowns, under power of attorney. trademark infringement ka wakeel Lahore mein