At Lawin and Partners, we recognize that securing a trademark registration in Nepal is not merely a procedural formality but a strategic business necessity. We as Best IP law firm in Nepal, provide comprehensive legal solutions to protect your business brand identity, from the initial trademark filing Nepal to complex trademark opposition and enforcement.

Trademark Law in Nepal

A trademark is a distinctive sign of word, logo, symbol, or a combination that make unique identity of  goods or services of a particular enterprise and distinguishes them from those of competitors and matters legal standing build market value, secures exclusive right. 

The primary legislation governing intellectual property is the Patent, Design and Trademark Act and the National Civil Code, 2074 for civil remedies registered and administrated by Department of Industry and internationally governed by Paris Convention and WIPO. 

Trademark Opposition in Nepal

If a competitor attempts to register a mark that is "confusingly similar" to yours, you must act during the 90-day opposition window.

Grounds for Opposition

• Likelihood of Confusion: The applied mark is identical or deceptively similar to your prior registered mark.
• Generic/Descriptive: The mark lacks distinctiveness or merely describes the product.
• Bad Faith: The applicant intends to leverage your established brand reputation.

The Procedure

• Notice of Opposition: We file a formal objection stating the legal grounds and providing evidence of prior use.
• Counterstatement: The applicant has 21 days to file a reply.
• Hearing: The Director General of the DOI conducts a hearing to evaluate both arguments before issuing a final decision.
• Trademark Enforcement and Infringement Remedies

An unauthorized use of your brand, an intellectual property lawyer Nepal at Lawin and Partners assist you though below ways:  

• Administrative Action: The DOI has the power to impose fines of up to NPR 100,000 and confiscate infringing goods.
• Civil Remedies: Under the Civil Code, we can file for Permanent Injunctions and claim monetary damages for loss of profit and brand dilution.
• Customs Seizure: Working with the Customs Act, 2064, can to seize counterfeit goods at Nepal's borders.

Renewal, Assignment, and Licensing

Maintaining a trademark requires periodic administrative action:

• Trademark Renewal Nepal: Renewal must be filed within 35 days before the expiry. A grace period of 6 months is available with a late fee.
• Assignment: Trademarks can be sold or transferred. This must be recorded at the DOI to be legally enforceable.
• Licensing: If you are entering a franchising or licensing agreement, we ensure the terms protect your IP rights while enabling commercial exploitation.

Best Trademark Lawyers in Nepal -Lawin and Partners

Lawin and Partners is recognized as a premier IP law firm in Nepal. Lawin Provides strategic advises, litigation end to end services, high success rate, transparency representing global clients in Nepalese Jurisdiction. 

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