NEPAL
Navigating the complexities of trademark law in Nepal is essential for businesses seeking to protect their intellectual property. Under Nepal’s Trademark Act, trademarks are granted exclusive rights, allowing businesses to prevent unauthorized use of their brand.
At United & United, our experienced trademark lawyers in Nepal specialize in trademark registration, renewal, and enforcement. We ensure that your brand’s identity remains secure, guiding you through every step of the legal process to safeguard your intellectual property.
Contact our team of trademark lawyers in Nepal for expert legal support and ensure your brand is fully protected in the growing Nepalese market.
Trademark Lawyer in Nepal: Your Guide to Trademark Registration and Protection
In Nepal, protecting your brand through trademark registration is crucial for businesses looking to establish a strong presence in the market. The process, while comprehensive, ensures your intellectual property rights are safeguarded. A skilled trademark lawyer in Nepal can guide you through this process, ensuring compliance with the country’s legal requirements.
Trademark Registration Process in Nepal
Registering a trademark in Nepal takes between 12 and 15 months and provides protection for seven years from the registration date. The Department of Industry (DOI), under the Ministry of Industry, manages all trademark registrations. If you’re registering a foreign trademark, additional home or foreign registration is required.
To apply, you must submit a form along with supporting documents to the Ministry of Industry. The necessary documentation includes:
- A completed trademark registration application.
- A statement of the amount paid for registration.
- Four copies of the trademark.
- Documents proving the company’s incorporation and VAT/PAN number.
- Information about the applicant (status, address of the individual or business).
- The applicant’s tax clearance certificate.
- A power of attorney in one copy.
Once submitted, the Department of Industries reviews the application, ensuring the trademark meets all legal requirements and is not deceptively similar to existing marks. If approved, the trademark is published in an IP Bulletin to allow the public to file any opposition within 90 days. If no opposition is received, the trademark is officially registered, and the trademark registration certificate is issued.
Trademark Renewal and Grounds for Refusal
Under the Patent, Design, and Trademark Act of 1965 (PDTA), trademarks must be renewed within 35 days of expiration, with a Rs 1,000 fine for late renewals. Failure to renew within the specified period will result in automatic expiration. Grounds for refusal of a trademark application include:
- Harm to a person’s or organization’s reputation.
- Conflicts with public morality or interest.
- Damage to the reputation of an existing brand.
- If the trademark is already registered under another person’s name.
Any violation of trademark rights can result in fines, and items associated with the violation may be seized.
At United & United, our trademark lawyers in Nepal offer expert guidance throughout the trademark registration process. From application submission to renewal, we ensure that your brand is protected at every step.
Contact us today for personalized legal advice and let our experienced team assist you in securing your intellectual property in Nepal’s dynamic market.