WHO CAN FILE A DESIGN

Any natural person or a Legal entity can file a Design application in selected specification of classes. The Applicant for Design under the Design Law of Nepal can also be filed by a foreign national and/or Legal entity as well. In order to file an application in India in the name of a foreign entity who does not have a principal place of business in India, an application can be filed through an attorney of Nepal.

SELECTING A DESIGN

The design to be selected for registration should be original and novel in nature. The protectable matter in a design application includes visual elements such as features of shape, configuration, pattern, composition of lines or colours, etc., which could be either two-dimensional or three-dimensional form, which are applicable on a product. The important thing to note is that the design only protects the visual appeal of a product, and not the product’s technical and functional features.

FILING A DESIGN APPLICATION

Once a trademark has been finally selected, an application for trademark can be filed. Following are the particulars to be kept in mind:

• Name, Legal status, Nationality and Address of Applicant.
• Name of the Article to be protected
• representation of the design from 6 angles i.e. front, back, left, right, top, bottom. 5 copies of such representation, and are to be notarized.
• Class of goods for which registration is sought.
• Power of Attorney, in original, and notarized
• Notarized Registration certificate of design in home country, in case the Applicant is foreign national.
• Priority documents, if any
• Statement of novelty from the Applicant, to be given along with the representation

The power of Attorney is to be submitted in Original within 1 month of filing the Application

EXAMINATION OF DESIGN

Once the Application has been filed, it will be examined at the Designs Office, to see if it complies with all rules and regulations. The examiner can either accept or object to the Application:

• Acceptance: If there are no objections, either substantive or formal, the mark shall be accepted and published. A period of 3 months is given for Opposition. In case of an opposition, a hearing is fixed to hear both the parties and a decision is subsequently taken.
• Objection:  However, if there are objections then it is communicated to the applicant who is required to present an argument to preserve its application. If Examiner is not yet satisfied, a hearing will be appointed to determine if the application is accepted or not.

REGISTRATION OF DESIGN

In Nepal, the design is registered for a period of 15 years from the date of filing of the application. The registered design is to be renewed every 5 year i.e the design is to be renewed twice in the 15-year protection period.