Why and how to register a trademark in Nepal

In Nepal, trademark registration is mandatory to be granted rights over a trademark, as it is a "first to file" jurisdiction. No trademark rights may be claimed based on previous use in the jurisdiction. The trademark applications must be filed with the Industrial Property section of the Ministry of Industry.

If you register a combined trademark (which includes both word elements and figurative elements) in Nepal, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity.

Opposition actions may be filed by interested third parties against a trademark application within a period of ninety (90) days following its publication in the official gazette. The probabilities of success for an opposition will vary in each case depending on the circumstances.

Although a trademark does not have to be in use in order for it to register, it must not go unused for longer than one year after registration or it will become vulnerable to cancellation actions based on lack of use of the trademark.

The term of validity of a registered trademark in Nepal is of seven (7) years from the registration date. It can then be renewed indefinitely for successive periods of seven years. The renewal may be requested within 35 days before the expiration date and as late as six months after it; if the renewal is requested after the expiration date, late renewal fees will apply.

If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Nepal (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.

 

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