Foreign Trademark Registration in Nepal

Foreign Trademark Registration in Nepal

The symbol or any notation that represent a business or its services and products is trademark. Trademark is the identity of product and services that is registered as a legal entity as intellectual property of the product and business.

Registration of trademark is governed under Patent, Design and Trademark Act, 1965 (PDTA), in Nepal. Registration and administration of foreign trademark as well as local trademark is assigned to Department of Industries (DOI) so that dispute settlement of trademark infringement comes under some rules and regulations. Unless you register such trademark, trademark protection is not assured. For the protection of trademark, it must be compulsorily registered in Nepal under section 21A of the PDTA.

The competent authority is Department of Industry under the Ministry of Industry for the registration of the foreign trademark. DOI register foreign trademark and provide home registration certificate for security and eligibility of foreign trademark.

Procedure of registering foreign trademark in Nepal

1. First, you need to submit application with all relevant documents for the registration of trademark. The documents and application are submitted to DOI.

2. Required examination for the proposed trademark is done by DOI for the assurance of similarity test for already registered trademark and contradictions with the prevailing law.

3. The trademark is published in IP bulletin. DOI publish IP Bulletin in every 3 months.

4. DOI provide time of 90 days after publishing trademark in the bulletin so that any public can file challenge if the trademark is against any law or already registered. Anyone can file application with evidence if any argument with the trademark.

5. If no any opposition for the trademark, then it is registered within one year and issue registration certificate.

Documents required for the foreign trademark registration

In order to register a foreign trademark in Nepal, trademark registration must be submitted to DOI. Foreign trademarks cannot be independently registered so home registration certificate is the must to be submitted to DOI with the application.

Documents to be submitted to DOI for registration are:

1. One original copy of application for the registration of foreign trademark.

2. A copy of home/foreign registration certificate.

3. Four color print copies of label of trademark.

4. Original power of attorney paper.

5. Payment receipt of prescribed application fee paid.

6. Local contact address and person in Nepal.

7. Passport photocopy of the owners.

Refusal for the registration of trademark

DOI have the rights to reject the trademark registration under section 18(1) for the following reasons:

1. If there is a case that the same trademark found to have already been registered in the name of another business, service or person

2. If trademark damages goodwill of trademark of any other

3. If the trademark is responsible for the damage of reputation of any person or business organization/ institution

4. If the trademark adversely affects public conduct, morality or the undermines of national interest of our country.

Department provide an opportunity to define cause why the trademark should not be cancelled before cancelling the registration.

Time required for the registration and validity of registered trademark

For the completion of whole process of trademark registration takes about six to nine months to complete without any petition is filed.

The trademark registered must be in usage within 1 year from the registration date.

After the registration of trademark completes it remains valid for 7 years from the date of registration and can be renewed for numbers of numbers times for a time period of 7 years at one time.

Government fee for trademark registration

Depending upon Nice Agreement 1957 registration of trademark submitted is categorized into 35 classes of goods and 11 classes of services. Separate application and separate predefined fees for the registration of trademark in different class is defined by the government and need to be submitted for each class.

There are some cases that determine some penalty due to the violation of law.

• If the trademark is used of copied without the permission of authority or owner.

• It the trademark is revoked by DOI previously

• If the trademark is used without any registration may fine about USD $1,000 as well confiscation of goods.