This article will help you to know all about trademark registration in Nepal. This includes the process, documents required, and other legal provisions related to trademark registration in Nepal.
The trademark is a word or symbol or design or such combination registered legally that is used by the company and the product as their representation. It helps to distinguish the goods or the product among the manufacturers. Trademark law in Nepal is governed by The Patent Design and Trade Mark Act, 2022.
Trademark Registration Process in Nepal
There is a legal process for trademark registration in Nepal. The competent authority for trademark registration in Nepal is the Department of Industry(DOI) under the Ministry of Industry. The process of trademark registration in Nepal is as follows:
- Submit an application along with all the required documents for the registration of a trademark at the office of DOI.
- DOI will take inquiries upon such applications and documents.
- If the applications and documents are legally valid and after the completion of the opposition period (three months from the publication date) then the DOI will publish the Trade Mark in the Intellectual Property(IP) bulletin for the information of the general public.
Documents Required for Trademark
The following documents are required for trademark registration in Nepal:
- Application for the registration of the trademark.
- Notarized Charter Documents of Company.
- Specimen of the trademark(4 copies).
- Company registration certificate.
- Power of attorney.
- Board resolution of the company.
Grounds to Refuse Trademark Registration in Nepal
DOI may refuse to register the trademark in Nepal under the following conditions:
- If such a trademark affects the prestige or reputation of other institutions, companies, or any other individuals.
- If such a trademark is against the morals of the society or against the national interests.
- If such a trademark is already registered at DOI in the name of any other companies or individuals.
For Answers and Questions
What is the amount of money required for trademark registration in Nepal?
The application fee is Rs. 1000 and the registration fee is Rs. 5000 for the trademark registration in Nepal.
What is the validity of the registered Trademark?
The validity for the registered Trademark is up to 7 years from the registration date.
Anyone who wishes to register a trademark in Nepal can register at the Department of Industry(DOI) under the Ministry of Industry.
How long does it take to complete the registration process for the Trademark?
It takes 12 to 14 months to complete the process of trademark registration if there is no complaint filed.
The trademark can be used by any company or individual without registering it but they can not claim it if such a trademark is used by other companies. So registration of the trademark is essential in order to prevent unauthorized use of that trademark.