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overview
The current trademark regulations in Nepal are mainly based on the "Patents, Industrial Designs and Trademarks Act" promulgated on August 30, 1965. The "Nepal Ministry of Industry" is responsible for managing trademark affairs, and trademark exclusive rights must be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. If the applicant is not a resident of Nepal, they must entrust a specialized trademark agent in their country to handle the registration of trademarks in Nepal.
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official language
Nepali
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Duration
The Nepalese trademark is valid for 7 years after registration, starting from the date of registration; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 7 years.
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Registered types
Trademarks using any language or script are allowed to be registered, but an English translation and English pronunciation of the trademark text must be provided for clear labeling on the registration certificate.
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Application principles
Nepal's trademark law belongs to the civil law system, and trademark registration is based on the principle of prior application. The prior applicant of the trademark will receive the trademark registration.
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Other precautions
1. If not used for one consecutive year, it can be withdrawn;
2. If submitting an application based on domestic application, a domestic registration certificate must be submitted within 2 years after the application date.
Nepal is a signatory to international intellectual property treaties such as the Paris Convention and the WIPO Convention; As we have not yet joined the Madrid Agreement or Madrid Protocol, trademark registration can only be processed through "single country registration".
The applicant should fill out the "Trademark Registration Application Form" and submit it to the Nepal Intellectual Property Office.
The Nepal Intellectual Property Office conducts a formal examination of the applicant's application and trademark design. For applications that meet the requirements, the examination results will be published on the official website.
The Nepal Intellectual Property Office will conduct substantive examination of trademark designs, goods or services based on the content of the trademark application. If the trademark meets legal requirements, it will be granted a registration decision and a registration announcement will be issued to the applicant.
If the Nepal Intellectual Property Office does not receive any objections or raise any objections within the prescribed period, a registration decision will be made. The registration decision will be notified to the applicant in writing.
The objection period is 90 days from the date of announcement, and any interested party or prior right holder may raise objections. The main reasons for raising objections are:
① Conflict with prior trademarks, such as owning a prior registered trademark
② Trademark lacks distinctiveness
③ Trademark has adverse effects
④ Malicious registration
⑤ Conflict with other prior rights, such as trade name rights, design rights, copyright, etc.
If objections are received during the announcement period, the Nepal Intellectual Property Office will issue a certificate.
① After the applicant submits the application, a trademark registration certificate will be issued (which can be mailed or submitted in person).
② If the applicant fails to pay the fee to the Nepal Trademark Office within the prescribed time, the application will be deemed abandoned.
③ If the applicant makes changes to the submitted application, the changes should be completed within 2 months from the date of the changes.
④ The applicant must pay the fee within the prescribed time.
⑤ If the trademark registration application is rejected or opposed, the applicant shall appeal to the Nepal Trademark Office based on the content and reasons of their trademark registration application.
⑥ If the applicant has objections to the received examination opinions, they can file a review with the Nepal Trademark Office, but they need to pay a certain fee.
1. Clear trademark design is required;
2. A description indicating the name and category of the goods or services that need to be protected;
3. Applicant's name, address, and contact information
4. Provide the applicant's identification documents;
5. Power of Attorney for Trademark Application (to be provided when entrusting an agency)
