TRADEMARK REGISTRATION IN NEPAL

A trademark is a unique symbol, name, phrase, logo, or design used to identify and distinguish a business’s products or services. In Nepal, trademarks are represented as ™ (unregistered), ℠ (unregistered service mark), or ® (registered). Non-conventional trademarks can include colors, smells, or sounds. While registration isn’t mandatory, it strengthens legal protection against infringement. Unregistered marks may have limited protection based on their usage area. A service mark refers specifically to trademarks for services.

In Nepal, trademark applications can be filed in two categories:

Ordinary Applications: These are single-class filings without claiming priority. Multi-class applications are not allowed under Nepal’s Patent, Design, and Trademarks Act, 1965.
Priority Applications: Filed within six months of the initial application in a convention country under the Paris Convention. A certified copy of priority documents must be submitted to claim priority. The registration date in Nepal will reflect the application date in the convention country.

The Paris Convention ensures equal treatment for applicants from member countries regarding industrial property protection.

In Nepal, trademark searches are recommended before filing applications to check the availability of word or device marks and avoid objections or opposition. While not mandatory, preliminary searches help ensure the proposed trademark doesn’t conflict with existing marks.

Types of Searches:

Word Marks: Nepal follows the Nice Classification, covering goods (Classes 1–34) and services (Classes 35–45). Comprehensive searches can include associated classes.
Device Marks: Includes stylized designs, shapes, or figures. Searches are conducted using the Vienna Code classification.

Additional checks, like company and domain name searches, are advisable to secure the trademark comprehensively.

Trademark Filing Procedure in Nepal:

Application Filing: Single-class applications only; multi-class applications are not allowed. Priority applications from convention countries must be filed within six months of the priority date.
Examination: The Registrar reviews the application for distinctiveness, deceptiveness, and conflicts. Applications may be accepted or refused.
Publication: Accepted applications are published in the Trademarks Journal for public review.
Opposition: Any person can oppose a published trademark within three months of its publication.
Registration and Renewal: If unopposed or decided in favor of the applicant, the trademark is registered for seven years. It can be renewed indefinitely every seven years by paying renewal fees. Non-renewal may lead to removal from the registry.

Once a trademark is published in the 'TradeMarks Journal', any person can file an opposition against the registration of the said trademark in Nepal by filing a notice of opposition within the prescribed period of 3 months from the date the Trademarks Journal is made available to the public.

A trademark application can be opposed in Nepal under Section 18 of the Act. Once an opposition is filed against a trademark in Nepal, a copy of the notice of opposition so filed is served to the applicant by the Trademark Registry and the applicant is then required to file a counter statement 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 a hearing is fixed in the matter.

To register a trademark in Nepal, after filing the application in the prescribed form and payment of relevant fee, the mark will then be examined, published, and eventually shall proceed to registration where there is no opposition against the said trademark or where the opposition against the said trademark was filed but was decided in favor of the applicant. The trademark will then be registered for a period of 7 years from the date of filing of the application in Nepal and the registration certificate will be issued. Once a trademark is registered in Nepal, then the insignia ® can be used with the mark.

The Patents, Designs, and Trademarks Act, 1965 also provides that if a registered trademark is not used for a continuous period of 01 years from the date of registration, then the same becomes vulnerable to cancellation action on grounds of non-use.

The procedure for filing a renewal for a trademark in Nepal is as follows:

Request to renew a trademark in Nepal can be filed within six months BEFORE THE EXPIRY of the registration/renewal term if accompanied by the requisite renewal fees on the prescribed form.
A trademark can be renewed in Nepal from time to time for an unlimited period upon payment of the renewal fees, failing which the mark becomes liable to be removed from the Register on account of non-renewal. Each renewal term is for a period of 7 years.

TRADEMARK REGISTRATION IN NEPAL

In Nepal, a trademark application can be filed in 45 classes. Classes 1 to 34 are for goods and classes 35 to 45 are for service marks.

CALL US

EMAIL US

REACH US

YOUR FULL-SERVICE LEGAL PARTNER

QUICK LINKS

POLICIES