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
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
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
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