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All about trademark registration in Nepal. Find out more ( 2 min read )
A trademark is a unique identification, symbol or name for an invention that makes a company, product, or service different from a different manufacture. A registered trademark is business’s intellectual property/ intangible asset. The main use of trademark is to prevent others from using one’s product without their consent and authorization, but without the registration of a trademark under the competent authority, it cannot get any kind of legal protection. So, a trademark registration provides the right to sue against others who try to copy or sell one’s trademark without the owner’s consent. Moreover, there is a range of non-conventional trademarks comprising marks that do not fall into these standard categories, such as those which are based on color, smell, or sound.
In context of Nepal, the process of registering a trademark takes about 12-15 months with validity for 7 years from the date of registration. The Department of Industry (DOI) which falls under the Ministry of Industry is the competent authority responsible for registering and administering trademarks in Nepal. If it is for the registration of foreign trademark, additional home/foreign registration is required. Both the foreign and local trademark registration requires a form to be filled and submitted at the Ministry of Industries.
1. Application for Trademark Registration
2. Bill of the sum paid for registration of trademark.
3. 4 copies of the trademark that is to be registered.
4. Company registration documents and VAT/PAN number of the company willing to register.
5. Details of the applicant (Status, address of the applicant or company applying for trademark registration).
6. Tax clearance certificate of the applicant.
7. 1 copy of power of attorney.
Procedures of registration
Once the application in a prescribed format has been submitted to the Department of Industries with required documents, the same document is examined by the registrar taking into account the distinctiveness, possibility of deceptiveness and conflicting trademarks. It checks if the proposed trademark is already registered or not, and whether or not the submitted documents meet all the laws. After the document is examined, if the Department of Industries finds the trademark consistent with the existing law, such a trademark will be published in an “IP Bulletin”.
Trademarks are published in the IP Bulletin so as to make the public aware and invite them for filing an opposition for registration of the trademark. An opposition against the published trademark shall be filed within 90 days of publication in the IP Bulletin. The department will register the trademark and issue the trademark registration certificate if there is no petition for an opposition filed.
According to Patent, Design and Trademark Act, 1965 (PDTA) the trademark is renewed within 35 days of expiry with penalty of Rs 1,000. If the renewal is not made within the given time, the registration will automatically lead to being cancelled. Generally, it takes about nine months to a year to complete the process of trademark registration.
Grounds of refusal
The Patient, Design and Trademark Act, 1965 (PDTA) has mentioned certain grounds under which the registration of trademark can be rejected:
1. In case such trademark hinders the reputation of any person or institution.
2. In case such trademark opposes the public conduct/morale or national interest.
3. In case such trademark destroys goodwill of the trademark of any person.
4. In case such trademark is found to have already been registered in the name of another person.
If anybody violates right of registered trademark owner and use the trademark which is cancelled by the department, one may be punished with a fine by order of the Department and all the goods related with such offence shall be confiscated.
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