A trademark is an Intellectual Property that distinguishes one thing from another in commercial activities. It has safeguarded the product’s quality and reputation. Learn step by Step Process about trademark registration in Nepal.
A trademark can be anything that distinguishes one business from another. A trademark can be a word or a combination of words, a logo, the shape of a product, or its packaging. It could be a color used to promote a product or service, or it could be a musical composition used in advertising.
A trademark is a mark that is used in commercial or industrial activities, and it has played an important role in business. The mark distinguishes between goods and services but does not deceive. A trademark protects the product’s quality and goodwill.
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Trademark registration in Nepal
Trademark registration is required to protect trademark rights. Most countries grant trademark rights through registration.
To put it another way, in most countries, registration is required to obtain trademark rights. However, in some countries, registration is not required to protect trademark rights.
Documents required for Trademark Registration
- An Application for Trademark Registration
- Tax Clearance
- Audit Report
- Company Registration Certificate
- Memorandum of Association (MOA)
- Articles of Association (AOA)
- Gharelu Registration Certificate
- Printed Logo of 8cmX 8cm Size
- Power of Attorney (POA)
Trademark registration process in Nepal
Nepal has a patent, design, and trademark law known as the Trademark Act 1965, which was enacted in 1965.
This Act governs the process of trademark registration. The trademark is covered in Chapter 4 of this Act.
Acquisition of title to trademarks
The provision for acquiring trademark title is found in Section 16 of the Trademark Act 1965. This section states that anyone can obtain title to his or her company’s trademark under this Act after having it registered with the department under section 18.
The registration of a trademark is the primary prerequisite for the title to the trademark, according to this clause. The owner has an exclusive right under this Act.
Section 16 (2) states that no person may use a trademark registered in the name of another person under section 18 without the written consent of the letter, or operate such brand by copying it in a way that deceives the general public.
Application for the registration of Trademark
The provision of application for registration of the trademark in Nepal is mentioned in Section 17 of the Patent, Design, and Trademark Act of 1965.
Section 17 (1) states that any person wishing to have his business’s trademark registered under section 18 must submit to the department an application in the form indicated in Schedule 1 (c), along with four of such trademarks.
Similarly, Section 17 (2) directs applicants to submit the application fees specified in Schedule 3(3)(a) to the department.
The application is the basic preliminary requirement for trademark registration under the provisions of the Patent, Design, and Trademark Act of 1965, and fees must also be paid with the application.
Examination and Search of Trademark
The application for trademark registration is only for formal purposes. After receiving the application, the department examines it for substance in the interest of both the public and private systems.
The Patent, Design, and Trademark Act of 1965 includes some provisions for trademark search and examination.
Section 18 (1) provides that if such trademark is found to have already been registered in the name of another person, if it may harm the prestige of any individual or institution, if it may harm public conduct or morality, or if it may harm the national interest or reputation of any other person’s trademark, it shall not be registered.
Grounds for Refusal of Registering Trademark
The Act contains no specific provisions regarding search and examination. However, according to the Act’s proviso. The following are the grounds for refusal:
- If there is a risk of jeopardizing the reputation of any individual or institution
- If such a trademark may have a negative impact on public morality or conduct.
- If such a mark may jeopardize the national interest or reputation of another person’s trademark.
- If the trademark has already been registered in the name of another person.
The Department is investigating the aforementioned refusal ground. If the department discovers any of the above refusal grounds, the trademark will not be accepted for registration. Otherwise, the department will register the trademark in the applicant’s name. The refusal ground has been investigated by the department for an administrative procedure.
Approving Registration and Use of Trademark
After examination and analysis of the application, the trademark may be accepted, and the department may approve the trademark registration in Nepal in the name of the applicant under Section 18 (1) of the Patent, Design, and Trademark Act of 1965.
Section 18 (1) states that if any person. When a person files an application for trademark registration under Section 17, the department must register the trademark in the applicant’s name using the specimen from Schedule 2. (c).
Section 18 (2) of the Act requires applicants to pay registration fees in order to obtain a certificate.
If the department is satisfied that any of the circumstances listed in the restrictive clause of subsection (1) exist, it may cancel the registration of any trademark.
Similarly, the Act has given the holder of a trademark a reasonable opportunity to show cause, if any, why his trademark should not be canceled.
Section 18 A requires the department to register trademarks based on the classification of goods and services as specified by the government through Nepal Rajpatra Published from time to time.
The time limit for trademark use is mentioned in Section 18 C. This section states that if a trademark registered with the department is not used within one year of its registration, the department will conduct the necessary inquiries and cancel the registration.
The mere registration of a trademark does not confer exclusive rights over it; rather, it must be put to use within a certain time frame.
Section 18 D provides that a trademark is granted for seven years from the date of registration unless it is renewed under Section 23 B.
We are well aware that intellectual property is primarily concerned with the concept, creation, and invention of ideas.
The fundamental concept of intellectual property is to reward a creator or inventor for a limited time for his or her contribution to the nation and society.
After that time period, the right to those intellectual properties is transferred to the public domain, or it becomes public property.
A trademark is an important type of intellectual property. A trademark is a visual symbol that distinguishes one thing from another in commercial activities. It has safeguarded the product’s quality and reputation.