Key Points – Trademark Registration and Protection in Nepal
In the present highly competitive business environment, economies across the globe are becoming increasingly knowledge and technology-oriented, due to which, Intellectual Property (IP) has gained significant importance too. In line with this global development, Nepal has recognized the value of IP as well. There is indeed a growing trend in the nation both on the part of the legislators and the judiciary to give adequate protection to IP assets and enforce Intellectual Property Rights (IPRs – including trademarks, patents, copyrights, and industrial designs). In this blog, we’ll be giving an overview of Trademark Registration and protection in Nepal.
In Nepal, the Patent, Design, and Trademark Act, 1965, forms the legal basis of trademark registration and protection.
The Department of Industries (a sub-department within the Ministry of Industry), situated in the capital city of Kathmandu, governs and deals with the mechanism of registration of trademarks.
A trademark registered could be any name, color, logo, symbol, or sound that uniquely identifies the source of the goods and services. In Nepal, the trademarks protected can be categorized as follows:
- CONVENTIONAL TRADEMARKS, including word mark, device mark, collective mark, and series mark.
- NON-CONVENTIONAL TRADEMARKS, including 3-D mark, color mark, slogan mark, shape mark, position mark, and texture mark.
- WELL-KNOWN TRADEMARKS
A Trademark Application in Nepal can be filed in 45 classes – out of which classes 1-34 are for goods and classes 35-45 are for service marks. The 11th edition of Nice Classification is accepted by the concerned trademark authority.
Before filing a trademark application in Nepal, it is highly advisable to conduct a Trademark Search to determine the availability of the proposed trademark and the existence of identical or similar registered trademarks in the trademark register. Performing a trademark search is not mandatory in Nepal for filing the trademark application; however, by doing the same, companies and individuals can avoid the oppositions and objections, which may be put forward by third parties against their proposed trademarks.
For filing a trademark application in Nepal, the following information and documents are required:
- Power of Attorney (POA) – Notarized
- Home/Foreign Registration Certificate (with required translation) – Notarized
- Declaration/Affidavit of USE – Notarized
- Priority Document (with required translation) – Certified
- Declaration of Ownership – Notarized
- Declaration of Nationality/Residence – Notarized
TRADEMARK REGISTRATION PROCEDURE IN NEPAL
Trademark registration is a lengthy process in Nepal, and it takes 9 to 12 months approximately to obtain registration. The procedure of trademark registration in Nepal is as follows:
- FILING A TRADEMARK APPLICATION: In Nepal, a trademark application can be filed only for a single class; multi-class trademark applications are not allowed. Additionally, a trademark application or a Priority Trademark Application claiming priority from a convention country can also be filed in Nepal within six (06) months from the priority date.
- EXAMINATION PHASE – NOTICE OF ACCEPTANCE OR REFUSAL: Once a trademark application gets filed, the Registrar then examines the proposed trademark corresponding to the aspects of distinctiveness, conflict (identical or similar to already existing registered trademarks), and the possibility of deceptiveness. The Registrar may accept or refuse the trademark application as per the provisions of the Act.
- PUBLICATION OF PROPOSED TRADEMARK – If the Registrar accepts the trademark application in the examination phase, then the proposed trademark gets advertised/published in the Trademarks Journal to invite the public for filing opposition (if required or if any) against its registration.
- OPPOSITION OF PUBLISHED TRADEMARK – Upon publication of the proposed trademark in the Trademarks Journal, any person can initiate opposition proceedings against the said trademark by filing a notice of opposition within three (03) months from the date of publication of the proposed trademark in the official gazette.
- REGISTRATION AND RENEWAL – If there are no opposition proceedings initiated against the proposed trademark or the oppositions are resolved well in favor of the trademark applicant, then the Registrar issues the Certificate of Registration to the applicant. In Nepal, trademarks are registered for an initial period of seven (07) years starting from the date of the registration, which can be further renewed indefinitely for periods of seven (07) years upon payment of the prescribed renewal fees.
A registered trademark in Nepal is vulnerable to a cancellation action by the Department of Industries or a third party if it is not used within one (01) year from the date of registration. For more visit: https://www.kashishipr.com/
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