Trademarks Law in Nepal
Absolutely! Here’s an overview of trademark law in Nepal:
Trademark Law in Nepal
1. Legal Framework
Trademark protection in Nepal is governed by the Trademark Act, 1965 and its subsequent Rules, 1997.
The responsible authority is the Department of Industry (DoI) under the Ministry of Industry, Commerce and Supplies.
Nepal is a member of international agreements such as:
The Paris Convention
The Madrid Protocol (acceded in 2019)
The TRIPS Agreement
2. Definition of a Trademark
A trademark includes any sign capable of distinguishing the goods or services of one person from those of others.
This may include words, logos, symbols, letters, numerals, shapes, sounds, colors, or combinations thereof.
3. Registration Process
Trademark applications are filed with the Department of Industry.
The process generally involves:
Formal examination to check completeness.
Substantive examination to verify distinctiveness and conflicts with prior marks.
Publication of the application in the Industrial Property Gazette for opposition (usually 60 days).
Registration if no opposition or after successful opposition proceedings.
4. Duration and Renewal
Trademark registration is valid for 7 years from the date of filing.
It can be renewed for further periods of 7 years each, indefinitely.
5. Rights Conferred
Exclusive right to use the trademark on registered goods/services.
Ability to prevent unauthorized use or imitation.
Right to license, assign, or transfer the trademark.
6. Infringement and Enforcement
Infringement includes unauthorized use, imitation, or dilution causing confusion.
Enforcement actions can be taken through the courts.
Remedies include injunctions, damages, seizure, and destruction of infringing goods.
Criminal penalties may apply for intentional violations.
7. International Registration
Nepal became a member of the Madrid Protocol in 2019, enabling trademark owners to seek international protection designating Nepal.
Foreign applicants can file directly with the Department of Industry or via the Madrid System.
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