Trademark Registration in Nepal: The Complete Process

What is Trademark Registration?

Trademark Registration in Nepal, according to the Patent, Design, and Trademark Act refers to registering a trademark that can be a word, picture, symbol, or combination generally used by a company, firm, or individual. It is used to provide a distinct identity for distinguishing their products and services from others.

An Individual or a Company has been authorized to acquire the ownership of Trademarks in Nepal. Moreover, if a trademark has been already registered, it cannot be copied or used without the other’s authorization or obtaining Written Permission. Therefore, Trademark Registration in Nepal is done through the Department of Industry.

Trademark Registration in Nepal is integral for ensuring lengthy protection of Trademark and initiating Legal proceedings against Trademark Infringement with Intellectual Property Rights in Nepal.

Legal Grounds

Patent, Design, and Trademark Act 2022is the comprehensive legal framework for the registration of Trademarks in Nepal. It has incorporated the complete Legal Guide for the Application of Trademark, the registration of Trademark, the terms of Trademark Registration, and the punishment for Trademark Violation. The Trademark Registration Process in Nepal is simple but lengthy process which requires checks, 3 Month Complaint Window and appropriate due diligence. After Brand Registration in Nepal, the registered brand is completely protected from all form of Infringement.

Authority

The Ministry of Industry, Commerce, and Supplies is Nepal’s competent Legal Authority for Trademark Registration. As described in the Official Website (nepaltradeportal.gov.np), the person who desires to register their trademark must submit an application to the Department of Industry along with Four Specimen of the Trademark. Trademark Applications in Nepal are accepted by the DOI.

Trademark Registration Process in Nepal

The Trademark Registration Process in Nepal is as follows:

1. Preparation of Trademark Application
2. Submission of Trademark Application
3. Department Investigation
4. Publishing in IP Bulletin
5. Objection
6. Trademark Registration in Nepal and Certificate Issuance

Step 1: Preparation of Trademark Application

If you desire to register your trademark for your Business, Firm, or Company in Nepal, you must prepare an application as picturized. While preparing the Application, make sure to attach four specimens of the Trademark that you want to register. The Format of the Application is:

Step 2: Submission of Trademark Application

After you have finalized the application for Trademark Registration, you must apply to the Department of Industry. Along with the Trademark, a fee for Application Registration of NPR 2,000 must be paid.

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Step 3: Department Investigation

After the application has been submitted, the Department of Industry undertakes an initial test for the Trademark. After the initial test has been conducted, another Substantive test is undertaken along with a proper comparison of the Trademark.

Step 4: Publishing in IP Bulletin

Once the departmental investigation has been completed for the Trademark, the Department of Industry publishes an Intellectual Property Bulletin. The Bulletin allows for third-party objection as the Trademark can potentially violate that of other Companies. Trademark Search Nepal is conducted in this process.

Step 5: Objection

Moreover, the period for lodging the Objection from the IP Bulletin is 90 Days. After 90 Days is over, the objection cannot be presented. If the objection is presented, the Department conducts further investigation to ascertain the claim. After objection, Trademark Search Nepal can be done through the Official Website of the Department of Industry.

Step 6: Trademark Registration and Certificate Issuance

If the objection isn’t posited, then, the department may carry out further investigation as required and gather information. If they find the Trademark suitable for Registration, the department proceeds forward and registers it.

After the Trademark has been registered, the Department of Industry issues a Certificate of Trademark Registration to the respective owner. The Format of the Certificate is as follows:

Step 7: Potential Cancellation of Trademark

However, if the Department of Industry believes that the Trademark might damage the reputation, harm morality, undermine national interest, or infringe on someone else’s trademark, it is possible to be canceled. To complete the registration, NPR 5,000 must be paid as a Trademark Registration Fee.

Documents Required for Trademark Registration in Nepal

The following is the list of the Documents required for registering a Trademark in Nepal:

• An Application for Trademark Registration in the above-specified Format
• A Copy of the Permit of Operation of Business of the Relation Industry along with the Registration Certificate.
• A Copy of the Certificate of Tax Registration
• An official document for authorization and identification if a representative has been submitted
• An authorized Receipt of the Application Fee for Trademark Registration.
• Four Specimens of the Trademark up to 888 cm.

Other Details

Terms and Conditions

After a Trademark has been registered, it lasts for Seven Years from the date of Registration and can be renewed yearly. Brand Registration in Nepal is similar to Trademark Registration.

Trademark Fee in Nepal

1. For the Application of Registering a Trademark, a fee of NPR 2,000 must be paid.
2. For the Amendment of the Application of Trademark Registration, a fee of NPR 500 must be paid.
3. After the Trademark has been authorized, a registration fee of NPR 5,000 must be paid.
4. To transfer the registered trademark, a fee of NPR 2,000 must be paid.
5. For the renewal of the Trademark, a fee of NPR 500 must be paid.

Renewal

The Holder of the registered Trademark must renew it 35 days before the expiry of the Trademark. For Renewal, an application of renewal must be submitted along with the payment of prescribed fees stated above.

Punishment

If an Individual Company or Firm violates the rights of a legally protected Trademark in Nepal, they are liable to a fine of up to NPR 1,00,000 along with the confiscation of Articles and Goods produced under the duplicated trademark. It is applicable if Trademark Registration in Nepal has been completed.

Where can I register my trademark in Nepal?

Individuals can register their Trademark by submitting an Application to Department of Industry. After which the Department Investigates and publishes an IP Bulletin. If No Objections arise Trademark Registration Certificate is issued.

What is the validity of trademark in Nepal?

A Trademark can be Registered for a Period of Seven Years after which it can renewed at any period of those years.

How much is the renewal fee for trademark in Nepal?

According to the Patent, Design and Trademark Act, a fee of NPR 500 is required for renewal of trademark.

What is the provision of trademark in Nepal?

Acquisition of Trademark, Application for Registration of Trademark, Prohibition and Time Limits and terms of Trademarks are the Major Provisions related to Trademark in Nepal