Intellectual Property is a set of rights that protect intellectual, creative and human production. It can be divided into: · Industrial rights: Patent, Trademark, Industrial Drawing and Design, Integrated Electronic Circuit, Geographical Indications and Plant variety. · Literary rights: Copyright and other related rights.
Trademark
A trademark is a unique sign that identifies the goods or services of an individual or a company. It dates to ancient times when manufacturers began to identify their products by symbols and marks. Thereafter, these marks evolved into today’s system of trademark registration and protection.A trademark is a unique sign that identifies the goods or services of an individual or a company. It dates to ancient times when manufacturers began to identify their products by symbols and marks. Thereafter, these marks evolved into today’s system of trademark registration and protection.
Trademark protection in Nepal
· Trademark protection ensures that the owners of the mark have exclusive rights to identify their goods or services. The owners can also allow others to use them in return for payment. A trademark is protected legally by the courts. This promotes the goodwill and reputation of the business. Further, it hinders the efforts of unfair competitors who use similar marks to market inferior or different goods or services. This enables people to produce and market goods or services in the fairest possible way. A trademark is registered at the Department of Industries, Nepal. If a registered trademark is not brought into use within 1 year from the date of registration, the department conducts inquiries and cancels the registration as per Section 18 B of the Patent, Design, and Trademark Act, 2022 (1965). A trademark registration is valid till 7 years from the date of registration as per The Patent, Design, and Trademark Act, 2022 (1965) section 18 C.
Registration of trademark
· An application for registration of a trademark must be filed as per Section 17 of The Patent, Design, and Trademark Act, 2022 (1965). The same must be submitted to the Department of Industry. The application must contain the mark filed for registration. It should also include the list of the goods or services to which the mark applies. Certain conditions need to be fulfilled to protect the trademark. The trademark must be distinctive so that people can distinguish it from other trademarks. It must not mislead nor deceive customers nor violate public order or morality. Some documents need to be attached with the application form like: 1. An application in the prescribed format. 2. Certificate of registration of the proprietor. 3. Label of the trademark. 4. Tax registration certificate of the proprietor. · The applicant needs to pay an application registration fee as per Schedule- 3 of The Patent, Design, and Trademark Act, 2022 (1965) as mentioned: 1. Application of registration fees for the Trademarks: Rs.2000/- 2. Application Amendment fee: Rs500/- 3. Registration fee: Rs5000/- 4. Transfer fee: Rs2000/- 5. Endorsement fees for amendment on record and certification: Rs1000/- 6. Fees for the information of registration details: Rs500/- 7. Fees for complain and objection: Rs1000/- 8. Fees for the copy of the registration certificate: Rs1000/- 9. Renewal fees for each time: Rs3500/- (The period of renewal is 3 days) · After the application is submitted, it is examined regarding its distinctiveness, possibility of deceptiveness and conflicting trademarks. It is searched and examined by the Department, or by the Opposition who claims to have similar or identical rights. · After the examination is conducted, if the Department of Industry finds the trademark consistent with the law, the trademark will be published in the IP Bulletin. It is done to invite the public to file an opposition against the registration of the trademark. An Opposition against the published trademark should be filed within 90 days of publication in the IP Bulletin. · If no Opposition is filed against the trademark, then the Department will register and issue the trademark registration certificate. The registration process takes about 9 months to a year. · If the registration is refused then a valid reason for refusal of registration needs to be given. A trademark application is refused for the following reasons: · If the trademark is already registered by another person. · If the trademark creates any confusion in public or hampers national interest. · If the trademark damages the reputation or prestige of any person or institution.
Punishment for Illegal Use of Trademarks in Nepal
As per Section 19 of The Patent, Design, and Trademark Act, 2022 (1965), anyone who violates the rules will be punished with a fine not exceeding 100,000 Rupees. In this case, the goods connected with the offense would be confiscated by the Department as per the nature of the offense.