In Nepal, registering a trademark typically takes around 12-15 months, and once registered, the trademark remains valid for 7 years from the registration date. The Department of Industry (DOI), under the Ministry of Industry, is responsible for the registration and management of trademarks in the country. For foreign trademarks, an additional registration process is required, either in the home country or abroad. Both local and foreign trademark registrations involve filling out and submitting the required forms to the Ministry of Industries for processing.The law relating to the Intellectual Property Rights in Nepal is embodied in The Patent, Design and Trade Mark Act, 2022 (1965).
- Acquisition of title to trade marks:
- A person can obtain ownership of the trade-mark for their business by registering it with the department under Section 18 of Patent, Design and Trademark Act, 2022 (1965)
- It is prohibited for anyone to copy, use, or allow the use of a trademark registered in the name of another person under Patent, Design and Trademark Act, 2022 (1965) without transferring ownership or obtaining written permission in accordance with Section 21(d) of Patent, Design and Trademark Act, 2022 (1965).
- Application for registration of trademark
- A person desirous to register the trademark of his business registered under Section 18 of Patent, Design and Trademark Act, 2022 (1965) shall submit to the Department an application in a format as specified in Schedule 1(c), along with four specimen,of such trade-marks, shall conduct necessary investigation and provide sufficient opportunity to defend him/her self and also conduct further inquiry based on the dense made and if finds it appropriate to register it.
- The person submitting application under Sub-section (1), shall pay an application fee to the department as specified in Schedule 3(3) (a)
- Process of Trademark Registration
- Submit application for trademark registration
- Initial test undertaken.
- Substantive test undertaken.
- Once investigation is complete, the trademark will be published in the Department’s Intellectual Property Bulletin allowing for third-party objections.
- An objection must be lodged within 90 days of issuance of the public notice.
- If no objections are lodged, a decision to issue a certificate of registration will be made.
- Investigations will follow in cases where an objection to the trademark registration is lodged. If the investigation supports issuance of thetrademark, it will be registered. If the investigation does not support issuance the decision can be appealed through the appellate court.
- A six- month trial period will follow registration prior to final issuance.
- Documents required For National Trademark Registration:
- A completed application.
- A copy of related industry or business operations permit or registration certificate and a copy of tax registration certificate.
- Four samples of the trademark (up to 888 cm).
- Authorization and identification in case a representative is nominated.
- Receipt of submitted application fee.
- Documents required For Foreign Trademark Registration:
Term of Trade Marks:
- A completed application.
- Additional documents except those mentioned in respect of national trademarks registration.
- If application has been submitted in other countries evidence of application with date must be presented.
- If the trade mark has been registered in foreign countries a certified copy of registration.
- Authorization, identification, and mailing address in Nepal, in case a representative is nominated.
The title of the person in whose name a trade-markhas been registered under Section 18 shall remain valid for a period of seven years from the date of registration
thereof, except when it is renewed underSection 18 Patent, Design and Trade Mark Act, 2022 (1965).
PUNISHMENT FOR ILLEGAL USE OF TRADEMARKS:
In caseanyone who, violates Sub-Section (2) of Section 16 of The Patent, Design and Trade Mark Act, 2022 (1965), or brings into use a trademark which has been cancelled under Sub-section (3) of Section 18, orviolates Section 18(B), may be punished with a fine not exceeding is One Hundred Thousand Rupees
and articles and goods connected with such offenseconfiscated on the orders of the Departmentas per the gravity of offense.
To consult or get legal advice from our Expert for Trademark Registeration in Nepal/ Trademark Lawyer in Nepal/ Provision related to Trademark Laws in Nepal/Intellectual Property Lawyer in Nepal
Contact us at: 977-01-4102849/977-9851059026, Prime Law Associates, Anamnagar, Kathamndu, firstname.lastname@example.org, www. primelawnepal.com
This article is for informational purposes only and shall not be construed as legal advice, advertisement, personal communication, solicitation or inducement of any sort from the firm or any of its members. The law office shall not be liable for consequences arising out of any action undertaken by any person relying on the information provided herein.