The law relating to the Intellectual Property Rights in Nepal is embodied in The Patent, Design and Trade Mark Act, (2022) of 1965. Trademarks in Nepal fall under the jurisdiction of Department of Industries / Ministry of Industry, situated at the capital city of Kathmandu.
Some key points pertaining to trademarks in Nepal are enumerated below:
|
Relevant Office |
Department of Industries |
|
Law in Force |
Patents, Designs and Trademarks Act, 1965 |
|
Nice Classification |
Yes (9th Edition) |
|
Paris Convention |
Yes |
|
Madrid Protocol |
No |
|
Multi- Class System |
No |
|
Document (s) Required to file a Trademark application |
Note: An application can be filed without aforesaid original documents and the same can be filed at a later date. |
|
Prosecution Process |
Filing Examination Publication of mark in the IP Bulletin Opposition Period (Three months from the date of publication) Registration Renewal |
|
Registration Term |
7 years from the date of registration |
|
Renewal Term |
7 years |
|
Documents required for renewal |
Original registration certificate, the Nepalese IP office does not issue any renewal certificate and the renewal due date is certified on the original registration certificate. The original registration certificate can be filed at a later date i.e. after filing request for renewal. |
|
Cancellation Proceedings |
A mark is vulnerable to a cancellation action by the Department of Industries suo moto or by a third party if it is not used within a period of one year from the date of registration. |
- Advantages of Trademark Registration
A trade mark registration provides assured advantages to the proprietor of the registered mark over the unregistered mark.
• It provides an exclusive right to the owner of the mark to use the mark and attach its identity with the goods produced or the rendered by it.
• It provides prima facie evidence of ownership and validity.
• It allows use of registered trademark or other suitable abbreviations to demonstrate ownership of trademark.
• It prevents the unfair competitors from using the registered mark.
FIRST TO FILE
The Registration of the mark will provide statutory protection over the mark as Nepal follows the "First to File" principle and the same is also enumerated under section 16 of the Nepalese Patents, Designs and Trade Marks Act, 1965 which states that “A person can acquire under this act, title to the trade mark of his business upon registration in the department”.