Foreign Trademark Registration in Nepal: Trademark Lawyer in Nepal:
1. Introduction:
Trademark refers to the recognizable sign, symbol, mark, word or words that denotes or identifies a specific product or a company and is legally registered. Patent, Design and Trademark Act, 2022 (1965) governs and regulates issues regarding the process of trademark registration in Nepal. Department of Industry (DOI) under Ministry of Industry, Commerce and Supplies of the government of Nepal registers trademark in Nepal.
Nepalese law that protects and enforce Trademark = Patent, Design and Trademark Act, 1965 (2022) (PDTA)
Registration Authority for local trademark = Department of Industries (DOI) under Nepal’s Government Ministry of Industries
Foreign Trademark Protection = Registration under PDTA (Law) in Department of Industries (DOI)
Foreign Trademark Registration in Nepal = Should Already registered in foreign
2. General Process of Foreign Trademark Registration in Nepal:
Step 1: Submission of an application to Department of Industries (DOI)
Submission of registration application along with company registration MOA, AOA, Certificate, PAN/VAT certificate, citizenship.
Step 2: Examination and verification of application and Documents by DOI:
Documents submitted along with the application of trademark registration is examined. evaluated by the registrar and shall be accepted or rejected by the authority of DOI
Step 3: Publication of Foreign Trademark in Industrial Property Bulletin (IP Bulletin):
Trademark after investigation shall be published in IP Bulletin and invite public for complaint if there is any contradiction with other trademark or register any opposition complaint and petition is filed within 90 days of its publication in IP Bulletin.
Step 4: Registration of Trademark:
If no one files opposition, DOI authority shall register trademark and certificate is issued and registered trademark shall have a validity of 7 years.
Chart that shows the process of Registration of foreign trademark in Nepal:
3. Documents required for Foreign Trademark Registration in Nepal
| S.No. | Documents | Copies Required |
| 1. | Application for trademark registration | 1 (original) |
| 2. | Certificate of the registration of the proprietor of the trademark | 1 |
| 3. | Tax registration Certificate of the Proprietor | 1 |
| 4. | Label of Trademark | 4 |
| 5. | Power of Attorney (if any) | 1 |
| 6. | Industrial Registration Certificate | 1 |
4. Grounds for Refusal of Foreign Trademark Registration Nepal
- If such trademark damage the prestige of any person or institution.
- If such trademark adversely affects public conduct or morality.
- If such a trademark undermines the national interest.
- If such trademark undermines the reputation of the trademark of any other person.
- If such trademark is already registered in the name of another person.
5. Time Required for Foreign Trademark Registration in Nepal:
The time required for registration of trademark in Nepal is 6 to 9 month.
6. Validity of Foreign Trademark Registered
Registered Trademark shall remain valid for seven years
7. Government fees for Foreign Trademark Registration in Nepal:
| S.No | Service | Fees |
|---|---|---|
| 1. | Application for a registration fee | NPR. 1,000 |
| 2. | Registration Fee | NPR. 5,000 |
8. Renewal of Foreign Trademark:
- Within 35 days from the date of expiry of the term
- Within 6 months by paying a fine of 1000/-.
If the trademark is not renewed it shall be automatically cancelled.
10. Classification of Foreign Trademark in Nepal
Trademark registration of Nepal is based on Nice Classification, 1958 which categorized good and service into 45 class i.e., 34 classes of goods and 11 classes of service. Kindly note that separate application and government fee has to be submitted for per trademark per class.
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