Nepal (NP)
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 or a combination thereof.
The following trademark types are registrable: trade marks and service marks. Collective marks registered under the Nice classification in a foreign country can 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 power of attorney is necessary, but it does not have to be notarised.
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. 5 months. The first office action is taken after approx. 1 month.
After examination, the trademark application is published in the official Industrial Property Bulletin for opposition claims.
The Registry publishes marks every 2 or 3 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 periods of 7 years each.
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
here
Jul 11, 2019
Apex Law Chamber, Kathmandu, Nepal
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