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Any natural person or a Legal entity can file a trademark application in selected specification of goods or services. The Applicant for trademark under Nepal Trademark law can also foreign national and/or Legal entity as well. In case of a Foreign Applicant, the Applicant is to necessarily provide the Registration certificate of the Mark in its origin country during the filing of the Trademark Application.
While selecting a trademark, the two factors to be kept in mind are the mark itself and the specification of goods and services the marks intends to cover. An ideal mark should be distinctive and unique in nature, and should be not similar to an already registered mark. For selecting goods and services, it is important to understand the class under which the trademark would fall; At the moment, under NICE classification goods and services can be classified as 45 different types of goods and services. Classifications 1–34 are for products, and 35–45 are for services. It is to be noted that in Nepal, Multiclass Applications are NOT allowed. Once you have successfully chosen a suitable mark for your company, a trademark search at the Nepal Trademark Office should be conducted to assess the feasibility of the selected mark being registered. A Trademark search is not mandatory, but is highly advised. Request for an official search can be made with the prescribed fee.
In Nepal, trademark registration can be obtained typically within 9-12 months (In case no objections are received). Following are the particulars to be kept in mind:
Certified Copy Claiming Convention Priority is to be submitted within 6 months. Hard Copy of Power of Attorney, and document of Usage can be submitted within 2 months from filing date.
After an application is filed the same is then examined by the Registrar with regard to the distinctiveness, possibility of deceptiveness and conflicting trademarks. The Registrar may accept or refuse the application subject to the provisions of the act. A trademark application in Nepal can be refused / objected by the Registrar.
It is to be noted that the timeline may vary depending on the backlog at the registry.
The application shall proceed to registration where there is no opposition or where the opposition was filed and was decided in favor of the applicant. The mark is then registered for a period of 7 years from the date of filing of the application and the registration certificate is issued. The trademark can be renewed from time to time for an unlimited period by payment of renewal fees, failing which the mark becomes liable to be removed from the registry on account of non-renewal. Each renewal term is for a period of 7 years.