Introduction to Trademark Registration in Nepal
A trademark is a distinctive symbol, word, or combination used to differentiate the goods, services, or any commercial object from that of others. It serves as anunique representation of a business or a company's products or services.
To protect trademark from potential infringement, it must be registered in Nepal. The process of trademark registration in Nepal is regulated by Section 17 of the Patent, Design, and Trademark Act, 1965.
The registration of trademarks in Nepal is overseen by the Department of Industry underthe Ministry of Industry, Commerce and Supplies.
Importance of Trademark Registration
Trademark is among the most valuable forms of intellectual property for any business as it contributes to its brand recognition and reputation.
Protection
Registering trademark in Nepal provides your company with legal protection and grants exclusive rights to use the mark in connection with your products and services.
Branding
A trademark represents more than just a number or word, it establishes a brand and along with it, a brand identity that distinguishes your business from the others.
Trust
If a trademark has been registered, it can easily enhance your credibility in Nepal,adding professionalism to your products and services.
Asset
Trademarks are assets that rise in value according to the prominence of your business. Therefore, these trademarks can be licensed, franchised as well as sold making them valuable asset for your business.
Process of Trademark Registration in Nepal
The process of trademark registration in Nepal is quite complex and confusing and generally requires the assistance of a law firm or trained corporate lawyer. Here are the steps you are requiredto follow to register your trademark:
Submit Application
Initially, you must print out the application for trademark registration and submit it to the Department of Industry ("DOI").
Investigation by DOI
After you have submitted the required application form, a preliminary examination is conducted by the DOIto ensure that noother similar trademarks have been registered and that the trademark complies by the prevailing Law.
Publication
If the investigation is successful and the trademark meets all requirements under the prevailing rules and regulations, it is published in the Industrial Property Bulletin released by the DOI.
Registration
After the trademark has been published, the DOI provides90 (ninety) days of such publications for any petition against the trademark. If no objection is raised within the prescribed time periodfrom other corresponding businesses, the trademark is registered. However, if any objection is filed, proceeding is initiated to determine the rightful owner of the trademark and compensate the infringed party.
How to Select a Law Firm for Trademark Registration in Nepal?
Trademark registration is vital for the protection of your brand and the identity of your business. Therefore, a reliable corporate law firm with expertise in Intellectual Property is best suited for such tasks.
While selecting a law firm for Intellectual Property services such as trademark registration in Nepal, keep the following factors in consideration.
Practice
First, assess the expertise of the law firm in matters of Intellectual Property, particularly trademark registration.
Satisfaction
Secondly, review the clientele, their feedbacksand ratings on the Internet as well as through personal communication.
Treatment
Evaluate the effectiveness of the firm's communication and coordination with their clients along with their knowledge of trademark registration process in Nepal.
In light of aforementioned factors, Lawneeti Associates stands out as a leading corporate law firm in Nepal with specialization in Intellectual Property including copyright and trademark registration.
We have successfully registered trademarks for multi-national companies of Nepal. We also provide legal services such as litigation, petition filing, and alternative dispute resolution fortrademark related disputes.
In short, Lawneeti Associates provides comprehensive legal services for trademark and Intellectual Property in Nepal.
Our Services in Trademark Registration
For trademark registration in Nepal, our firm provides the following comprehensive services ensuring smooth process from application submission to handling oppositions till the trademark is registered successfully.
Application Preparation
As the DOI requires the submission of a trademark registration application beforehand, we collect all the required documents, prepare the application and handle the submission for the convenience of our clients.
Opposition Handling
If your trademark has been published in IP Bulletin but is opposedfrom other companies, our experienced lawyersconduct negotiations and settlement with the opposing companies when possible.
If the opposition is baseless, we represent you in the Courtto secure favourable outcome.
Renewal
A trademark is valid for 7 (seven) years from the date of registration. After the expiry of the trademark, our firm assists you with its timelyrenewal.
Enforcement
If your registered trademark is infringedby other companies or a similar trademark has been issued in the Industrial Property Bulletin, our law firm takes swift legal action through thoroughresearch and investigation.
At Lawneeti Associates, we deliver legal services against the unauthorized use of your trademark and protect your brand and identity.