DEPARTMENT OF INDUSTRIES, NEPAL

TRADEMARK

 

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TRADEMARK means any word, symbol or picture or the combination of the three used for showing difference from goods or service of others to the goods produced by any firm, company or individual or the service provided by it.

 

RIGHT ON TRADEMARK

  • Any body may have a right on any trademark of his trade or business under the act having it registered in the Department.

  • Nobody shall use or copy any trademark in a way of manipulating the people in general without a written consent of person in whose name the trademark is registered.

  • Ownership of a trademark can be transferred to other with a permission of the department.

APPLICATION FOR THE REGISTRATION OF TRADEMARK

 

One who is willing to get registered any trademark of his trade or business under the act shall apply to the Department in a prescribe format along with:

  • Copy of registration or license of the business for product or service in which trademark is used or intend to use.

  • Four copies of model of trademark.

  • Authorizations letter if somebody has been authorized to act on behalf of the owner to register the trademark.

  • If the applicant is a foreigner, certified copy of any foreign registration certificate and address for service in Nepal must be submitted with application.

  • Receipt of payment of prescribe application fee.

Separate application shall be submitted for the registration of trademark of different categories goods or services.

 

CONDITION FOR REFUSAL TO REGISTER THE TRADEMARK

  • If such trademark is deemed to make adverse effect in the dignity of any individual or institution,

  • If such trademark make bad effect in the well being and morale of people in general or in the national interest,

  • If such trademark effects in the goodwill of trademark of any other person , or

  • If such trademark has been already been registered in the name of the other person.

  • The trademark, which is contrary to the principle, norms and international conventions of industrial property.

CLASSIFICATION OF GOODS AND SERVICES

  • Government of Nepal, for the purpose of registration of trademark relating to any goods and any types of services may classify such goods and services.

  • International Classification of Goods and Services for the purpose of the registration of Marks (Nice Classification) is applied to this effect.

REGISTRATION OF TRADEMARK

  • After examination if it is found registrable, The Department register the trademark in the name of applicant and issue a certificate.

  • The applicant shall pay a registration fee of the trademark as prescribed in schedule.

TERM AND RENEWAL OF TRADEMARK

  • The registered trademark holder shall have his right on the trademark for a period of seven years from the date of registration.

  • The registered trademark holder shall renew the trademark within 35 days from the date of expiry.

CANCELLATION OF TRADEMARK

  • The Department may cancel the registration of a trademark in case of that there is a condition of refusal to register.

  • The Department may cancel the registration of trademark in case if it is not put into use within one year from the date of registration.

PUBLICATION OF TRADEMARK

 

The department may publish the registered design and trademark and a statement in regard to their renewal and cancellation of registration for the information of the people in general.

 

OPPOSITION AND COMPLAIN

 

Any person if he has any complain on the statement publish by the department concerning the design and trademark may lodge a complain to the department within 35 days of such publication. The department shall take necessary action through examination of such complain.

 

PENALTY AND COMPENSATION

  • If anybody violates right of registered trademark owner and use the trademark which is cancelled by the department he may be punished with a fine by order of the Department and all the goods related with such offence shall be confiscated.

  • In relation to the patent, design or trademark registered under the act, the Department may cause to pay a reasonable amount of the loss, incurred through the violation of the act by any body, to the person who had really been suffered from such loss, and whose name the patent, design and trademark was registered, from the person of such violation, as a compensation.

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