- Examination Procedure
The Registrar will examine the application as per the provisions of Nepalese Law, specifically Sections 17 and 18 of the Act. The Registrar shall not register the mark if –
- The mark may hurt the prestige of any individual or institution.
- Adversely affect the public conduct or morality.
- Undermine the national interest or the reputation of the trademark or any other person
- The mark is already registered in the name of another person.
- The mark if by its nature or the use in respect thereof, contrary to public order or morality.
- Registration of foreign Trade Marks.
The Registrar will not examine the applications which are accompanied by a certificate of trade mark registered in a foreign country and such applications will proceed to advertisement without making any examination in that respect.
- Publication in the Trademark Bulletin
As per the provisions of Section 21A of the Act, after examination the application is ordered for advertisement/publication in the Industrial Property Bulletin of trademarks. An application is advertised in the Trademarks Journal so as to invite the public for filing opposition against the registration of a mark within a period of 90 days from the date of publication of the mark.
- Opposition Proceedings
The trademark law of Nepal provides for a procedure for opposition to an application for registration of a trademark.
On publication of the trademark in the Trademarks Journal, any person can oppose as to the registration of the said trademark by filing a notice of opposition within the prescribed period of 90 days from the date the Trademarks Journal is made available to the public.
A trademark application can be opposed in Nepal under Section 18 (1) of the Act.
Once an opposition is filed against a trademark in Nepal, a copy of notice of opposition so filed is served to the applicant by the Trademark Registry and the applicant is then required to file a counterstatement within 21 days of receipt of the notice forwarded by the Registry, failing which the application shall be treated as abandoned.
Thereafter the Registrar will request evidence in writing from both parties. If the dispute is not settled by the parties, then hearing is fixed in the matter.
If any person is not satisfied with the order issued by the department under the governing Act, he/she may under Section 27 of the Act file an appeal with the Appellate Court within 35 days of passing of the order.
Where the application for the proposed mark is not opposed by a third party (ies) or the opposition is successfully overcome, the mark proceeds to registration which is effective from the date of its registration.
A trademark is registered in Nepal for a period of 7 years from the date of issuance of registration certificate and not from the date of application.
A trademark registration can be renewed from time to time by filing the requisite fees with the Department of Industry, Kathmandu.
A trademark can be renewed in Nepal from time to time for a number of times upon payment of the renewal fee, failing which the mark becomes liable to be removed from the register on account of non-renewal.
An application for renewal of the mark can be filed within 6 months before the expiry of registration or the renewal term. The mark can also be renewed by paying fine within six months after the expiry date. Each renewal term spans for a period of 7 years.
Nepalese IP Office does not issue any renewal certificate and the renewal due date is certified on the original registration certificate only. However, a request for renewal can be filed without the original certificate, and the same can be filed at a later date.