The law related to trademarks in Nepal is governed by The Patent, Design and Trade Mark Act, 2022 (1965), Section 12,13,14.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.
Trademark registration classification:
- Name and address of the Applicant
- Minimum 10 prints of the mark. (Not needed for work mark).
- The list of goods and the class is pertaining there. (Goods must be same as mentioned in home/ foreign registration certificate/application.)
- A power of attorney signed by the applicant sealed and attested by two witnesses.
- A certified copy of the home or foreign registration certificate along with its authenticated translation in English by a Notary Public.
- Certified copy of details of priority in the case of priority claim.
- If there is any character of local languages (like Japanese, Chinese etc.), we require a meaning of the character in English that is must be certified by Notary Public and other legal authorized institutions.
- The application is filed at the Department of Industry.
- Upon receipt of application, DOI shall conduct formality examination will be made to determine whether the application fulfills the necessary procedural and formal requirements.
- Upon completion of formality examination, DOI shall conduct substantive examination. DOI examines to ascertain similarity and Trademark shall be examined for absolute and relative grounds.
- After examination if it is accepted then the trademark application is published in the official Industrial Property Bulletin for opposition claims.
- The period of opposition is 90 days and if there is no opposition within prescribed time schedule, the decision will be made for registration of trademark.
- Time frame for filing application to registration of Trademark Normally 4 to 6 months
Duration and Renewal: A trademark registration is valid for 7 years from the date of registration. The registration is renewable for periods of 7 years each.