Understanding Trademark Opposition in Nepal
PROCEDURE FOR TRADEMARK OPPOSITION IN NEPAL
Once a trademark is published in the TradeMarks Journal, any person can file an opposition against registration of the said trademark in Nepal by filing a notice of opposition within the prescribed period of 3 months from the date the Trademarks Journal is made available to the public.
A trademark application can be opposed in Nepal under Section 18 of the Act.
Once an opposition is filed against a trademark in Nepal, a copy of notice of opposition so filed is served to the applicant by the Trademark Registry and the applicant is then required to file a counterstatement within 21 days of receipt of the notice forwarded by the Registry, failing which the application shall be treated as abandoned.
Thereafter the Registrar will request evidence in writing from both parties. If the dispute is not settled by the parties, then hearing is fixed in the matter.
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