TRADEMARK REGISTRATION IN NEPAL- LOCAL TRADEMARK AND FOREIGN TRADEMARK
A trademark is a unique symbol or word or picture or a combination thereof used to represent a business or its products that helps to distinguish them with the product of services of others. Once trademark is registered, that same symbol or series of words cannot be used by any other organization, forever as long as it remains in use and proper paperwork and fees are paid.
- Patent, Design and Trademark Act, 2022 (PDTA)
- Department of Industries (DOI) to register and administer trademark in Nepal.
What are the documents required for registration?
What is the procedure of trademark registration in Nepal?
What is the Registration Fee for Trademark Registration?
What is the time limit for use of trademarks?
- Trademark registered in Department shall be brought into use within one year from the date of registration.
What is the term period of protection of registered trademarks?
The registered trademark is protected for a period of seven years from the date of registration and can be renewed any number of times for a period of seven years at a time.
- The trademark should be renewed within the period of 35 days from the date of expiry by submitting an application to the Department.
- Renewal may be made by paying a fine of One Thousand Rupees within six months after the expiry of time limit. Otherwise, registration of trademark shall automatically be cancelled.
What are the conditions of refusal to registration of trademark?
- If such trademark damages the prestige/reputation of any individual or institution;
- If such trademark may adversely affect the public conduct or morality or undermine the national interest or the reputation of the trademark of any other person;
- If such trademark is found to have already been registered in name of another person.
Department shall, before cancelling the registration of the trademark provide a reasonable opportunity to the holder of the trademark to show cause if any, for his/her trademark not be cancelled.
Disclaimer: This writing is prepared to share general information only and for legal purposes, advice of legal professions is must.
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