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.
GENERAL INFORMATION
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:
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, shape mark, position mark, and texture mark.
3. 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:
1. Power of Attorney (POA) – Notarized
2. Home/Foreign Registration Certificate (with required translation)
– Notarized
3. Declaration/Affidavit of USE – Notarized
4. Priority Document (with required translation) – Certified
5. Declaration of Ownership – Notarized
6. 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:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
CANCELLATION
PROCEEDINGS
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 view source: https://www.kashishipr.com/blog/key-points-trademark-registration-and-protection-in-nepal/
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