Trademark registration in Nepal. Nepal, officially the Federal Democratic Republic of Nepal, is a landlocked country in South Asia. Nepal is one of the fastest-growing economies in the world. In addition, Nepal has made significant progress in poverty reduction bringing the population below the international poverty line. Not only that, Nepal has a booming tourism industry, attracting millions of visitors every year. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in Nepal.
Necessary documents for trademark registration in Nepal
Necessary documents for trademark registration in Nepal include:
- The trademark registration application in Nepal;
- Detailed information about the applicant and the representative;
- Four copies of the sample of the trademark;
- Power of attorney (POA);
- Receipt of payment of prescribed application fee;
- Priority documents (If any).
Forbidden marks for trademark registration in Nepal
The mark is forbidden for trademark registration in Nepal if:
- The mark is deemed to make an adverse effect on the dignity of any individual or institution;
- The mark makes a bad effect on the well being and morale of people in general or in the national interest;
- The mark has been already been registered in the name of the other person;
- The mark is contrary to the principle, norms, and international conventions of industrial property.
The procedure of trademark registration in Nepal
In order to obtain trademark protection, the applicant needs to submit the trademark application to the IP Office of Nepal.
After receiving the trademark application, the examiner will examine the mark with regard to the distinctiveness, possibility of deceptiveness, and previously registered or pending trademarks to check if the mark is qualified for trademark registration.
If there are no errors in the application and the subject of the trademark application complies with the regulations of the law, the trademark application will be published in the IP Bulletin.
After publication, the mark is opened for a 90 days opposition period in which any third parties may file for the opposition of the registration of the mark.
If there is no opposition filed, the trademark will be registered in the name of the applicant and the applicant will receive the trademark registration certificate in Nepal.
After registration, the trademark shall remain valid for 7 years from the date of registration. Every 7 years, the trademark owner may file for renewal of the trademark within the period of 35 days from the date of expiry.
If the renewal request is not submitted within the given time, the registration will automatically get canceled.
Note:
Commonly, it takes about 9 – 12 months to complete the process of trademark registration and issuance of trademark registration certificate where no petition for an opposition is filed.
The registration of a trademark may be canceled in case there is a condition of refusal to register.
After registration, the trademark may be canceled if it is not put into use within 1 year from the date of registration.
You can see a list of Nepal IP firms here.