Q. Can Industry or Company use the trademark without registration?
A. Industry or Company may use the trademark without registration. However, Industry or Company cannot claim for infringement of the third party uses the trademark in its product or service deceptively.
Q. Where can I register my Company’s or Industry’s Trademark in Nepal?
A. Department of Industry is the regulatory authority to register Trademark of Company or Industry in Nepal.
Q. What can a Company or Industry register as Trademark?
A. company or Industry may register image, symbol, word, or combination of image, symbol, and word as its Trademark. A company or Industry may register a Trademark of the sector it is doing its work on. This work should be listed as the objective of the Company or Industry in the Charter Documents.
Q. Is it necessary to choose the category in which a Company or Industry registers Trademark?
A. Yes, Company or Industry is required to choose one of the classes of Nice Classification (Class 1 to 45) to register its trademark. Class 1 to 34 of the Nice Classification is used for Goods/Product while Class 35 to 45 are used for Services. You can access Nice Classification here.
Q. Is there limitation in the registration of Trademark?
A. Company or Industry can only register Trademark if the Company or Industry undertakes the objective relating to the proposed Trademark. The objective should be close to one of the classes of Nice Classification and such objectives should be listed in Charter Documents of the Company or Industry. Thus, as long as the objective is listed in the Charter Documents, Company or Industry can register as many trademarks it is willing to register.
Q. Is it possible to register a foreign Trademark in Nepal?
A. Yes, it is possible to register a foreign Trademark in Nepal. However, a foreign Company’s trademark should have been registered in the foreign country. Foreign Company can register its trademark in the same class of Nice Classification which it has registered in its home country. Evidence of trademark registration (Trademark Certificate) is necessary to begin the registration process in Nepal.
Q. What documents should be submitted for the registration of Trademark in Nepal?
A. Company or Industry is required to submit the following documents to begin the trademark registration in Nepal:
i) Notarized Charter Documents of Company or Industry (including industry registration certificate);
ii) Board Resolution of Company or Industry;
iii) Application form for the registration of Trademark;
iv) Printed Trademark Sample (8cmx8cm) – 4 copies;
v) Notarized Trademark Certificate (in case of foreign Trademark); and
vi) Power of Attorney.
Q. What is the government application and registration fee for the registration of Trademark?
A. The application fee for the registration of each Trademark is NPR 1,000 (~USD 9) and the registration fee for the registration of each Trademark is NPR 5000 (~USD 43).
Q. Can Department of Industry deny registration of applied Trademark?
A. Yes, Department of Industry may deny the registration on the basis of following grounds:
i) If the Trademark damages the reputation of any person or institution;
ii) If the Trademark contradicts with public conduct/morale or national interest;
iii) If the Trademark damages goodwill of trademark of any person; and
iv) If the Trademark is found to have already been registered in the name of another person.
Q. How long does it take to complete Trademark registration process?
A. It generally takes around 12-14 months from the date of application to complete and obtain Trademark Registration Certificate, if there is no opposition from a third party during the application process.
Q. How long is the Trademark Registration valid?
A. A registered Trademark is valid for the term of 7 years. Company or Industry may renew the Trademark before the end of 7 years term. Company or Industry willing to renew the Trademark should apply for renewal 30 days before the end of tenure.
Disclaimer: This Q&A is not a legal opinion and it is advised that you consult a lawyer for specific legal advice. This note is for general understanding only. Kindly note that the copyright for this Q&A vests on Vidhi Legal Concern.