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What is the law under which the Trademark protection is granted in Nepal?
The Patent, Design and Trademark Act of 1965 governs and deals with the mechanism of registration of trademarks in Nepal.
What type of trademarks can be registered?
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:
1. CONVENTIONAL TRADEMARKS including word mark, device mark, collective mark and series mark.
2. NON-CONVENTIONAL TRADEMARKS including 3-D mark, color mark, slogan mark and shape mark, position mark and texture mark.
3. WELL-KNOWN TRADEMARKS
Which edition of Nice Classification is accepted by the Trademark office?
In Nepal, the 10th edition of Nice Classification is accepted by the Trademark office.
What is the expected time frame for issuance of examination report?
The examination report is usually issued within 6-9 months approximately.
What is the initial registration term?
Once the trademark is registered, it is valid for a period of 7 years from the date of application.
What is considered as the effective date of registration for a Trademark?
The date of application is considered as the effective date of registration for a Trademark.
What are the documents and information required at the time of filing the registration application?
The following information and documents are required to file the Trademark application in Nepal:
1. The applicant’s name and address.2. Home/Foreign Registration Certificate Affidavit of USE Declaration of Ownership Declaration of Nationality/Residence A copy of the trademark to be registered consisting of its logo, class and details of goods and services.
3. Power of attorney.
What type of power of attorney is acceptable in Nepal?
In Nepal, a notarized power of attorney would suffice.
Is there any due date to file the POA after filing the Trademark application?
The POA must be submitted at the time of filing the Trademark application.
What is the opposition period?
The time period to file a notice of opposition is 3 months from the date of publication of the Trademark in the official gazette.
What is the renewal term?
Trademark protection is available for 7 years from the date of application, renewable every 7 years on payment of the required fee.
What are the documents required at the time of filing the renewal of Trademark application?
The documents required at the time of filing the renewal of Trademark application are as follows: Power of attorney Original registration certification
What are the documents required at the time of filing the recordal application for a Trademark?
The documents required are as follows:
1. CHANGE OF NAME: Certified copy of extract from the Registrar of Companies with required translation Power of Attorney
2. CHANGE OF ADDRESS: Certified copy of extract from the Registrar of Companies with required translation Power of Attorney
3. ASSIGNMENT: Deed of Assignment Affidavit by Assignor Power of Attorney
4. MERGER: Deed of Merger Power of Attorney
What is the non-use cancellation period of a Trademark?
The non-use cancellation period of a Trademark is for 1 year from the date of application.
What is the time frame to complete the Trademark registration?
Trademark registration is a lengthy process and it takes around 9-12 months approximately to obtain registration.