TRADE MARKS AND SERVICE MARKS
REGISTRATION OF TRADEMARK IN NEPAL:
The law related to trademarks in Nepal is governed by the Patent, Design and Trademark Act 1965. Trademark can be protected on the basis of its registration and the claimant can also acquire such rights by sufficient public recognition. A trademark application has to file before the Department of Industry (DoI) Although Nepal is a member of Paris Convention buts laws are silent on the provisions of well known trademark.
REQUIREMENTS FOR FILING OF TRADEMARK IN NEPAL:
- Specimen of Trademark (6 printed copies of the device, word or label of the mark sort to be registered)
- Certified copy of power of attorney and application
- A notarised copy of Home Registration Certificate or Certificate of Registration in any other country in English translation
- Name, Address, status and Nationality of the applicant.
- A trademark application can be filed by any person who claims to be the proprietor of the mark (single or multi class filing can be made);
- On receipt of the application, the Registrar conducts a formality examination to determine whether the application fulfils the necessary requirements;
- An invitation will be made to correct if the necessary requirement are not being fulfilled (optional);
- After the formality examination stage is crossed substantive examination is conducted by the DoI in which the mark submitted is examined for absolute and relative grounds for refusal, thereby a examination report is issued with preliminary objection ;
- Reply to Examination board has to be submitted by the applicant within the prescribed time period. Preliminary hearing can also take place at this stage if the Registrar is not satisfied by the reply;
- After the examination and upon acceptance of the reply, the trademark application is published in the monthly official Industrial Property Bulletin for opposition claim;
- The period of pre-opposition is 90 days and if there is no opposition within the prescribed time period, the mark will be registered;
- Thereafter, the registration certificate is issued .
A Trademark registration is valid till 7 years from the date of its registration and can be successively renewed for each term of 7 years thereafter.