The current trademark regulations in Nepal are mainly based on the Patent, Industrial Designs and Trademarks Act promulgated on August 30, 1965. The Nepalese Ministry of Industry is responsible for managing trademark affairs, and the official language is Nepali. Trademark exclusive rights need to 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. The trademark registration in Nepal adopts the principle of "application first".
Nepal is a signatory to international intellectual property treaties such as the Paris Convention and the WIPO Convention, and has not yet joined the Madrid System. Therefore, trademark registration can only be processed through the "single country registration" method.
Currently, Nepal adopts the Nice Classification 11th edition of product and service descriptions and does not accept applications for multiple categories in one form. The elements that can be registered as trademarks in Nepal include: text, graphics, letters, etc.
If the applicant does not reside in Nepal, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. Original power of attorney;
5.If priority is declared, priority proof documents and corresponding English translations must be provided. The translated documents must also be signed and confirmed by professional translators with translation qualifications in the country;
6. Original or notarized copy of the registration basic certificate.
The main process for applying for registration of a trademark in Nepal is: application acceptance examination announcement approval issuance. The application will be accepted within 1-2 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement.
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. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyright, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in Nepal takes about one year; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended.
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 1 month; The renewal is valid for 7 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Violating relevant laws and regulations;
2. Malicious registration;
If a trademark is not actually used in that country for one consecutive year after registration, anyone may apply for revocation; Except for force majeure.