Trademark Law in Nepal

Nepal, being a signatory to the Paris Convention for the Protection of Industrial Property, has a well-established system for the protection of trademarks. The Department of Industry under the Ministry of Industry, Commerce, and Supplies is responsible for the registration and protection of trademarks in Nepal. The Trademark Act, 1961, and the Trademark Regulations, 1962, form the foundation of trademark law in Nepal.

Trademark Filing in Nepal

Requirements for Filing:

To file a trademark application in Nepal, the following documents are required:

• Application Form: The application must be in the prescribed form and should contain the name, address, and nationality of the applicant.
• Trademark Representation: A clear representation of the trademark, which can include a word, phrase, symbol, design, or any combination thereof.
• List of Goods/Services: A detailed list of the goods or services in relation to which the trademark is to be used, classified according to the International Classification of Goods and Services.
• Priority Document: If the applicant claims priority from an earlier application filed in a convention country, a copy of the earlier application and a sworn translation in English (if the earlier application is not in English) must be submitted.
• Power of Attorney: A power of attorney authorizing the agent to act on behalf of the applicant.

Procedure:

1. Pre-Filing Search: It is advisable to conduct a thorough search of existing trademarks to ensure the applicant's trademark does not infringe on any existing marks.
2. Filing the Application: The application, along with the required documents and fees, is submitted to the Trademark Office in Nepal.
3. Examination: The Trademark Office examines the application to ensure it meets the requirements for registration.

Trademark Registration in Nepal

Process:

After filing, the trademark goes through the following stages:

1. Formalities Check: The application is first scrutinized for compliance with formal requirements.
2. Substantive Examination: If the application passes the formalities check, it undergoes a substantive examination to assess the registrability of the mark, including its distinctiveness and potential conflict with prior registrations or applications.