The law relating to trademarks of Nepal is governed by the Patent, Design and Trademark Act 1965.
Trademark protection is obtained by registration. Nepal follows the first-to-file principle and non-registered Trademarks are not protected by law. Even famous/well-known Trademark need to be registered for protection.
Nice classification, 11th edition. However, for foreign trademarks, a certified copy of the foreign registration certificate is required for registration in Nepal. Hence, foreign marks are registered in Nepal as per foreign registration certificate provided by the mark owner.
Registrable as trademarks are all distinctive words, symbols, pictures, 3D and color marks or a combination thereof.
Non-traditional trademarks such as audible signs (sound marks), olfactory marks (smell marks) and other invisible signs are not registrable.
The following trademark types are registrable: trademarks, service marks and geographical indications. Collective marks registered abroad under the Nice Classification may also be registrable.
The application is filed at the Department of Industry.
A separate application has to be filed for each class.
Foreign applicants need a local agent.
A notarized power of attorney is necessary.
Foreign applicants need a domestic registration to register a trademark in Nepal. In this case, a notarised copy of any foreign registration certificate and an address for service in Nepal must be submitted with the application. If the certificate has been issued in a language other than English (for example in Chinese or French language) it should be accompanied by English translation certified by Notary Public.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration is approx. 8 to 10 months. The first office action is taken after approx. 15 days to 1 month.
After examination, the trademark application is published in the official Industrial Property Bulletin for opposition claims.
The Registry publishes marks every 45 days to 2 months.
National:
The opposition period is 90 days from the date of publication in the official bulletin.
A trademark registration is valid for 7 years from the date of registration. The registration is renewable for a period of seven years at a time.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application is NPR 1,000 for one class. The registration fee is NPR 5,000.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
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Aug 22, 2024
Kraya & Partners, Kathmandu, Nepal