Trademark Registration Process In Nepal

Description

Trademark Registration in Nepal: Process of Registering a  Trademark (2080)

Trademark registration in Nepal involves submitting an application to the Department of Industry, and the entire process typically takes around 12-14 months to be completed. The process is governed by the Patent, Design, and Trademark Act, 1965 (2022) ("PDTA"). This article outlines the procedure for registering a local trademark in Nepal.

Legal ground for registration of local trademark

Legal protection for a trademark is not granted until it is registered with the competent authority in Nepal. Those wishing to register a trademark must submit the registration application in accordance with Section 17 of the Patent, Design, and Trademark Act (PDTA).

Competent authority to register the local trademark

The Department of Industry (DOI), operating under the Ministry of Industry, Commerce, and Supplies of the Government of Nepal, is responsible for registering and administering trademarks in Nepal. You can find more information on their website at: http://www.doind.gov.np/

Trademark registration process in Nepal

Step 1: Submission of Application for registration before Department of Industry.

Step 2: The Department of Industry (DOI) conducts a preliminary examination to determine if the proposed trademark is similar to any:

a)      already registered trademarks or

b)      if it contradicts prevailing laws.

Step 3: The trademark is published in the Industrial Property Bulletin (IP Bulletin), which is issued by the Department of Industry (DOI) every three months.

Step 4: Trademark registration is considered successful if no opposition is received from a third party. Third parties have the opportunity to file a petition for opposition against the applied trademark within 90 days of its publication in the Industrial Property Bulletin (IP Bulletin). If no opposition is lodged within this period, the trademark registration proceeds smoothly.

Documents required for Trademark Registration

Following documents are required for Trademark Registration in Nepal to be submitted to Department of Industry in the format as prescribed.

1.      Application of Trademark Registration - 1 Set Original

2.      Certificate of Registration of the Proprietor- 1 Copy

3.      Tax Registration Certificate of the Proprietor- 1 Copy

4.      Label of Trademark- 4 copies

5.      Power of Attorney- 1 original

6.      Certificates of Industrial Registration or from Concerned Authority- 1 Copy

Ground of refusal of Trademark Registration

According to section 18(1) of the Patent, Design, and Trademark Act (PDTA), the Department of Industry (DOI) holds the power to reject a trademark registration application under the following circumstances:

1. If the trademark harms the reputation of any individual or institution.
2. If the trademark conflicts with public conduct, moral standards, or national interests.
3. If the trademark harms the established goodwill associated with another person's registered trademark.
4. If the trademark is discovered to have already been registered under another person's name.

Time for Trademark registration

The trademark registration process typically takes around 12 to 14 months to complete if no petition for opposition is filed.

Validity for Registered Trademark

Once registered, a trademark in Nepal is initially valid for 7 years from the registration date. However, it can be renewed indefinitely, with each renewal extending its validity for another 7-year period.

Government Fee is required for trademark registration

For trademark registration application fee requires is Rs.1000 and registration fee is Rs.5000.

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Rabin Dhakal and Associates, Chartered Accountants

Kathmandu, Nepal.

rabindhakalassociates@gmail.com

rdhakalassociates.com

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