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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.
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
Once a trademark has been finally selected, an application for trademark can be filed. Following are the particulars to be kept in mind:
The power of Attorney is to be submitted in Original within 1 month of filing the Application
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:
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.