Contents

1.      Concept

2.      Important Consideration

3.      Department of Industry

4.      Differences between Trademark and Copyright

5.      Trademark Registration in Nepal

6.      Documents Required for Trademark Registration in Nepal

Concept

Whenever we hear or talk about any businesses around us, we visualize them through their symbol, logo, design, or calligraphy. This wholly covers the content of the Trademark.  A well-known example of a trademark is the "Nike Swoosh" symbol.

The Nike Swoosh is a distinctive checkmark-like design that represents the athletic shoe and apparel brand, Nike. The Nike Swoosh registered as a trademark in 1971, has become synonymous with the brand itself. The success of the Nike Swoosh as a trademark lies in its simplicity, uniqueness, and ability to evoke the brand's image in the minds of consumers worldwide.

In the context of Nepal, when we say esewa, it is green “e” which symbolizes E-payment /digital wallet which has created the mental picturization within our mind that facilitates our transactions. When it comes to a company and its recognition, a trademark is the most important element that is to be considered.

Basically, a trademark is any logo, symbol, sign, design, or expression that identifies and distinguishes the goods or services of a particular business. When a business officially registers the trademarks with the relevant authority, it receives the exclusive right to use that mark within a specific geographic area. It helps safeguard against unauthorized use from competitors.

Important Consideration:

Trademark is a crucial part of the brand recognition of the business in a marketplace place which helps foster customer trust. Registering a trademark is not as easy as we verbalize it; there are some important considerations that are to be made before moving forward. They are:

1. Availability Search: Conduct a comprehensive search to ensure that the proposed trademark is not already in use or registered by another entity. This search helps to avoid potential conflicts and objections during the registration process.
2. Distinctiveness: Trademarks that are distinctive and unique are more likely to be approved. Avoid generic terms or common phrases, as they may be challenging to register.
3. Descriptiveness: Terms can be difficult to register as trademarks. Choose a mark that is suggestive or arbitrary to enhance the chances of approval.
4. Identifying Goods and Services: Clearly identify the goods or services associated with your trademark. The application should accurately reflect the products or services for which you intend to use the trademark.
5. Mark Format:  Decide on the format of your mark (word mark, logo, or a combination). It's advisable to register multiple formats if applicable to provide broader protection.
6. Maintenance and Renewal: Understand the ongoing obligations and renewal requirements after the trademark is registered. Failure to meet these obligations may result in the loss of protection.
7. Budget and Costs: Understand the costs associated with trademark registration, including application fees and potential legal fees. Budget accordingly to cover these expenses.

Department of Industry

There are official regulators and departments who register and govern the trademark registration. In the context of Nepal, the Department of Industry (“DOI”) under the Ministry of Industry, Commerce and Supplies of the Government of Nepal registers and administers trademarks in Nepal. https://doind.gov.np/ which is located in Tripureshwor, Kathmandu.

 In the present context of Nepal, it takes approximately 12-18 months for trademark registration keeping its validity initially for a period of seven years from the date of registration.

Differences between Trademark and Copyright:

When it comes to company, terminologies like trademark, copyright, and others are frequently used. Trademarks and copyrights come hand in hand. They both are forms of intellectual property protection which is similar but not the same. The differences between trademark and copyright are:

Trademark Registration in Nepal.

There is a thorough step involved in the trademark registration process in Nepal. They are:

1)     Search for Existing Trademarks: Before applying for registration, it's advisable to conduct a thorough search to ensure that there are no existing trademarks that are similar or identical to the one you wish to register. This can be done at the Department of Industry or online through their official website.

2)     Filing the Application: Prepare and submit the trademark application to the Department of Industry. The application should include details such as the applicant's name, address, a clear representation of the trademark, and a list of goods or services for which the trademark is intended.

3)     Examination: The Department of Industry will examine the application to ensure it complies with the requirements. If there are any issues, the applicant may be asked to address them.

4)     Publication: If the application meets all the criteria, it will be published in the Official Gazette. This allows interested parties to raise objections within a specified period.

5)     Opposition Period: There is a designated period during which third parties can file oppositions to the trademark registration if they believe it infringes on their existing rights.

6)     Registration: If there are no oppositions or if any opposition is resolved in favor of the applicant, the trademark will be registered, and a certificate of registration will be issued.

7)     Renewal: Trademarks in Nepal are initially registered for a period of seven years. The registration can be renewed indefinitely in subsequent ten-year periods upon payment of the renewal fee.

(Keeping accurate records of the trademark, including proof of use, are beneficial for the registration process and any potential enforcement actions.)

Hence, Trademark owners in Nepal should be aware of the renewal deadlines and take appropriate steps to renew their trademarks to maintain their protection.

Documents required for registering Trademark in Nepal.

1)     Application form for trademark registration. https://nepaltradeportal.gov.np/resources/docs/trademark%20registration%20application%20form.pdf

2)     A copy of the company registration certificate.

3)     4 samples of a trademark with Representation of the Mark: A clear and accurate representation of the trademark, whether it's a word mark, logo, or a combination of both with a size not exceeding 888cm.

4)     (For word marks, the exact wording and stylization should be specified.)

5)     Details of the Applicant: Full name, Address, Nationality of the applicant.

6)     (In the case of a company, the details of the legal entity should be provided.)

7)     List of Goods/Services: A list of the goods or services for which the trademark is intended to be used. This should be specified according to the international classification system.

8)     Application fees: The fee must be paid at the time of submitting the application, where the application fee is Rs.1000 and the Trademark fee is Rs.5000. (As of data collected from the official website on 2024/01/04.)

9)   Power of Attorney : (PoA) signed by the applicant, authorizing a local agent or representative to file the trademark application on their behalf. (if applicable)

It's essential to check with the Department of Industry (DOI) in Nepal or consult with a local intellectual property professional to get the most up-to-date and accurate information on trademark registration and renewal procedures in Nepal, as laws and regulations may have changed since my last update.

FAQs on Trademark Registration in Nepal

1. What is a trademark?

A trademark is any logo, symbol, sign, design, or expression identifying and distinguishing goods or services of a business. It plays a crucial role in brand recognition.

2. Why is a trademark important?

Trademarks are vital for brand recognition, fostering customer trust, and protecting against unauthorized use by competitors.

3. What considerations should be made before trademark registration?

Conducting an availability search, ensuring distinctiveness, avoiding descriptiveness, clearly identifying goods/services, choosing the mark format wisely, understanding maintenance and renewal obligations, and budgeting for costs are crucial steps.

4. Which department in Nepal governs trademark registration?

The Department of Industry (DOI) under the Ministry of Industry, Commerce and Supplies of the Government of Nepal administers trademark registration. Visit DOI's website for more information.

5. How long does it take for trademark registration in Nepal?

Trademark registration in Nepal takes approximately 12-18 months, with an initial validity of seven years from the date of registration.

6. What is the difference between trademark and copyright?

Trademarks protect product names, logos, and symbols, while copyrights protect original works of authorship. Trademarks are renewed with certain fees, while copyrights last for the life of the author plus 70 years.

7. What are the steps involved in trademark registration in Nepal?

The process includes searching for existing trademarks, filing the application, examination, publication, opposition period, registration, and renewal.

8. What documents are needed for trademark registration in Nepal?

Required documents include the application form, company registration certificate, trademark samples, details of the applicant, list of goods/services, application fees, and a power of attorney if applicable.

9. Where can I find the application form for trademark registration?

The application form is available on the Nepal Trade Portal.

10. What is the current application fee for trademark registration in Nepal?

As of January 4, 2024, the application fee is Rs. 1000, and the trademark fee is Rs. 5000.

11. Why is a Power of Attorney required for trademark registration in Nepal?

A Power of Attorney is needed to authorize a local agent or representative to file the trademark application on behalf of the applicant.

12. Where can I get the most up-to-date information on trademark registration in Nepal?

 It's essential to check with the Department of Industry (DOI) in Nepal or consult with a local intellectual property professional for the latest and accurate information, as laws and regulations may have changed.

For any assistance for Registering Company, you can directly connect with us at:

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