A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.
Trademarks in Nepal may be designated by the following symbols:
™ (for an unregistered trade mark, that is, a mark used to promote or brand goods)
℠ (for an unregistered service mark, that is, a mark used to promote or brand services)
® (for a registered trademark)
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound. The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required.
The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand.
|Relevant Office||Department of Industries|
|Law in Force||Patent, Design and Trade Marks Act, 1965|
|Nice Classification||Yes (Ninth Edition)|
|Multi – Class System||NO|
|Document(s) required for filing a trade mark application||Simply executed trade mark applicationSimply executed Power of AttorneyCertified Copy of Home Country Registration Certificate or certificate issued in any other country with duly authenticated English translation thereof. (The aforementioned documents can be filed at a later stage also)|
|Prosecution Process||FilingPublication of mark in IP Bulletin Opposition period (three months from the publication date)RegistrationRenewal|
|Appeal||Within 35 days of the decision of hearing committee.|
|Registration Term||7 years from the date of registration|
|Renewal Term||7 years from the date of previous registration|
|Documents required for renewal||Original registration certificate|
|Cancellation Proceedings||A mark is vulnerable to a cancellation action by the Department of Industries suo moto or by a third party if it is not used within a period of one year from the date of registration.|
|The examination procedure is omitted on submission of certified copy of home country registration certificate or certificate issued in any other country and directly proceeds to publication in the monthly IP Bulletin.|
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