Industrial Design and its Registration System in NepalRead More
In Nepal, Trademark can be protected on the basis of its registration; no one can claim trademark right on the basis of use within its territory. Full trademark protection is properly secured only by registration. The creation of trademark rights under Nepal Law is ‘first to file within the jurisdiction’.
Though Nepal is a member country of Paris Convention, it is obliged to protect the well-known trademark in its territory; however, Nepal Law is silent on the provisions of well known trademark and its recognition along with to demarcation between well-known trademark and others. No basic facts or bases are stated in Nepal Law to recognize as a well-known trademark.
In order to protect the well-known trademark, at least, Nepal law has provided that if it is felt that proposed trade-mark may hurt the prestige of any individual or institution or adversely affect the public conduct or morality or undermine the national interest or the reputation of the trade-mark of any other person, or if such trade-mark found to have already been registered in the name of another person, it shall not be registered
Trademark, Service mark, 3/D mark, Collective mark, Geographical Indication
Non Traditional Trademark (NTTM) i.e. Audible Sign (Sound mark),
Olfactory mark (Smell mark) and other (Invisible) sign
Normally 4 to 6 months
1st day of every month.
Opposition period upon publication:
within 90 days
Upon receipt of application, DOI shall conduct formality examination. A formality examination will be made to determine whether the application fulfills the necessary procedural and formal requirements. An invitation to correct will be made where necessary documents are missing. Upon completion of formality examination, DOI shall conduct substantive examination. DOI examines the sample mark submitted under the class to ascertain similarity and Trademark shall be examined for absolute and relative grounds for refusal, that is, whether they are sufficiently distinctive, not deceptive, not immoral etc. such an examination is highly desirable in the interest of consumer protection but for competitors too, and for the trade in general, if the submitted mark is found to be distinctly different, a decision to grant publication for pre opposition is made. The period of pre opposition is 90 days and if there is no opposition within prescribed time schedule, the decision will be made for registration.
Trademark Opposition Action in Nepal:
Upon publication of Industrial Property Bulletin of trademarks, anyone can file an opposition against proposed mark/s within 90 days from the date of publication. At the time of filing an opposition, claimant must submit supportive documents.
Counter reply to Opposition Action in Nepal:
Upon receipt of opposition filed by third party, DOI shall furnish a notice to applicant to submit counter reply or clarification, if any.
Revocation/Cancellation Action in Nepal:
The registration of trademark, even if already affected, is liable to be revoked on certain grounds. The Act states however, that the Authorities shall “prior to revocation … provide to the owner of the trademark a reasonable opportunity to show cause, if any, against the proposed revocation of the registration.”
7 years from registration date.
International Classification 01 to 45.
Non-use for 1 years following registration makes the registration vulnerable to cancellation; it is possible file an intent-to-use application in Nepal.
Within 35 days from the date of expiry
Within Six months after the expiry of the time-limit for renewal
If registrant fails to renew his/her trademark within prescribed time frame, re-registration is the only way to restore the registration of trademark.
For renewal of Trademark in Nepal
For Change of Name/Address of Trademark application/Registration in Nepal