What is Trademark and What is Trademark Registration?

According to the Patent, Design and Trademark Act, 2022 (1965) , a trademark comprises any combination of a word, symbol, image, or combination thereof that is employed by an organization, individual, firm, or other entity to distinguish its goods and services from those of its competitors. Nepal has established stringent Regulations for Trademark Infringement and Violation in addition to recognizing trademarks and their registration. Trademark Registration, the procedure for registering a company‘s distinctive identification product or service, is implemented.

What are the Laws and Authorities for Trademark Registration in Nepal?

Patent, Design and Trademark Act, 2022 (1965) contains provisions regarding trademark registration. Trademark ownership can be obtained by an individual subsequent to the registration of their business with the Department of Industry (DOI). In addition, duplication or use of a Registered Trademark is strictly prohibited unless the proprietor transfers ownership or obtains written permission.

The Official Authority for the Registration, Verification, and Protection of Trademarks in Nepal is the Department of Industry (DOI). Department of Industry’s Online Portal

What is the Procedure for Trademark Registration in Nepal?

The Trademark Registration Process in Nepal are as follows:

Step 1: Submit the Trademark Application

To initiate the trademark registration process for your business, firm, or company in Nepal, begin by preparing the application in accordance with the specified format. Ensure that four specimens of the trademark you intend to register are included with the application.

Step 2: Examination by the Department of Industry

Once the trademark application is finalized, submit it to the Department of Industry along with the required fee of NPR 2,000 for application registration.

Step 3: 90-Days Window Period (IP Bulletin)

The initial examination of the trademark is carried out by the Department of Industry subsequent to the submission of the application. A substantive test and an exhaustive comparison of the existing trademark are both undertaken by the Department. Following this, the Intellectual Property Bulletin is issued by the Department, which provides a 90-day period for third-party objections and undertakes a search for trademarks in Nepal.

Step 4: Verification and Registration of Trademark

The 90-day period is in which all objections to the trademark must be submitted. In the absence of any objections or following the resolution of any objections, the Department may initiate additional investigations as deemed necessary. The Department proceeds with the registration procedure if the trademark satisfies the membership requirements. The Department of Industry awards the legitimate owner a Certificate of Trademark Registration upon successful registration.

What are the Documents required for Trademark Registration in Nepal?

The Documents required for the completion of Trademark Registration Procedure in Nepal are:

1. An Official Application for Trademark Registration
2. A Copy of Tax Registration Certificate
3. An Official Document for Authorization and Identification for the Representative of the Trademark Owner
4. A Copy of Permit of Operation of Business with the Certificate of Registration
5. An Authorized Receipt of Application Fee for Registration of Trademark
6. Four Specimens of the Trademark

How much does it cost to Register a Trademark in Nepal?

The Fees for the Registration, Amendment, Renewal and Transfer of Trademark in Nepal are as follows:

Application for Trademark Registration: NPR 2,000/-

Amendment of Trademark Registration Application: NPR 500/-

Transfer of Registered Trademark: NPR 2,000/-

Renewal of Trademark: NPR 500

How much time does it take for Trademark Registration?

The Total Time Period for the Registration of Trademark in Nepal is between 12-14 Months from the Preparation and Submission of Application to the Issuance of the Trademark and its Validation.

How to renew Trademarks in Nepal?

The Procedure of the renewal for Trademark in Nepal must begin 35 Days before the date of Expiry of the Term of the Trademark. An Application must be submitted for the Renewal of such Trademark. If the Individual fails to renew the trademark, a fine of NRS. 1,000/- must be made within 6 Months after the Date of Expiration.

How to find a Trademark Registration Lawyer in Pokhara?

To safeguard or formally register a local trademark in Pokhara, the services of a trademark attorney or a trademark law firm are required. In Pokhara, Fewa Law Associates offers comprehensive services for the registration, renewal, investigation, and protection of trademarks and intellectual property.