TRADEMARKS LAW IN NEPAL
" Trademark" means words, symbols, or pictures or a combination thereof to be used by any firm, company or individual in its products or services to distinguish them from the product or services or others. The law relating to trademark in the Kingdom of Nepal is governed by the Patent, Design and Trademark Act 1965.
ACQUISITION OF TITLE TO TRADE MARKS
Any person may acquire, under this act, title to the Trademark of his business, after having it registered in the Department under Section 18.
No person shall use a Trademark registered in the name of any other person under Section18, without the written permission of the latter, or operate such Trademark by imitating it in such a manner as to deceive the general public.
CLASSIFICATION OF GOODS
For the purpose of registering -Trademark related to any goods or services, his Majesty's Government may classify such goods or services by notification in the Nepal Rajapatra.
Separate applications must be submitted to register Trademark of goods or services placed in different categories.
The 'Trademark' registered for goods or services in on category under Sub-Section (1) may be registered for goods or services under another category.
PROCEDURE OF REGISTRATION OF A TRADEMARK IN NEPAL
APPLICATION FOR REGISTRATION
To file an application for registration of a mark in Nepal, the following documents are required:
- A Certified Copy of the Home registration certificate or a corresponding certificate from any other jurisdiction for the mark sought to be registered along with a duly authenticated translation thereof in English by a Notary Public or a Nepalese diplomatic mission.
- A Power of Attorney executed by the authorized signatory of the Applicant company duly witnessed by two witnesses, notarized and bearing the corporate seal of the Applicant Company.
Application Form for registration executed by the authorized signatory of the Applicant company, duly witnessed by two witnesses, notarized and bearing corporate seal.
Nepal is a registration-based country. Should the applicant be unable to provide the home registration or foreign registration the applications will be kept in abeyance and allowed to proceed to registration only on the submission of the same. The Applications thus filed will, however, serve the purpose of protecting the rights of the Applicant as a prior Applicant of the mark.
The Registrar in Nepal has the discretion to accept or reject applications on the basis of discrepancies between the supplied registration certificate and the Nepalese application. Therefore, the particulars of the home registration certificate or the corresponding foreign certificate should be identical in all respects to the particulars of the marks sought to be registered at the Nepalese Registry.
Upon submission of the aforesaid documents, the Registration Certificate may be issued by the Department of Industries anywhere between two to three months. A registration is valid for a period of seven years.
An application for renewal must be filed within 35 days from the date of expiry of the registration. Each subsequent renewal is also valid for a period of seven years.
Prohibition to Use Trade-Marks
No 'Trademark' may be used as a registered Trademark without registering it at the Department.
TIME LIMIT FOR USE OF TRADE-MARKS
In case a -Trademarks registered at the Department is not brought into use within one year from the date of registration thereof, the Department shall conduct necessary inquiries and cancel such registration.
TERM OF TRADE-MARKS
The title of the person in whose name a Trademark has been registered shall remain valid for a period of seven years from the date of registration thereof.
PUNISHMENT FOR ILLEGAL USE OF TRADEMARKS
In case any one violated the provisions of the Act or brings into use a Trademark which has been cancelled he may be punished with a fine not exceeding Rs 1000, as well as confiscation of all articles and goods connected with such offense, on the orders of the Department.