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Trade Mark Registration in Nepal

Trade Mark Registration in Nepal

In Nepal, the law related to trademarks 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.
The pre-required essentials for the filling of trademark in Nepal are: (I) Specimen of Trademark (6 printed copies of the device, word or label of the mark sort to be registered); (II) Certified copy of power of attorney and application; (III) A notarised copy of Home Registration Certificate or Certificate of Registration in any other country in English translation and (IV) Name, Address, status and Nationality of the applicant.

The registration procedure is: A person who claims to be the proprietor of the mark files the trademark application, it can be either be single or multi class filling. On receipt of the application, a formality examination is conducted by the Registrar to determine whether the application fulfils the necessary requirements or not. If the necessary requirement are not being fulfilled, an invitation is made to correct the same. After the formality examination, DoI conducts a substantive examination in which the mark submitted is examined for absolute and relative grounds for refusal, thereby an examination report is issued with preliminary objection for which a reply is to be submitted to Examination Board within a 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 time 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.

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