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Registration of local trademark is governed by Patent, Design and Trademark Act, 1965 (2022) (“PDTA”). This articles covers the process of registration of local trademark in Nepal.
A trademark does not get legal protection until the trademark is registered in the competent authority of Nepal. Person desiring to register the trademark should submit the registration application pursuant to Section 17 of PDTA.
Department of Industry (“DOI”) under the Ministry of Industry, Commerce and Supplies of Government of Nepal (web-link: http://www.doind.gov.np/) registers and administers trademarks in Nepal.
The below mentioned table explain the procedure of local trademark registration in Nepal:
Following documents need to be submitted before DOI for registration:
Under section 18(1) of PDTA, the DOI has power to reject the application of trademark registration on the following grounds:
- If such trademark damages the reputation of any person or institution, or
- If such trademark contradicts with public conduct/morale or national interest, or
- In case such trademark damages goodwill of trademark of any person, or
- In case such trade-mark is found to have already been registered in the name of another person.
Generally, it takes about 12 to 14 months to complete the process of trademark registration where no petition for opposition is filed.
A registered trademark remains valid for 7 years from the date of registration. However, trademark can be renewed for any number of times for a period of 7 years at a time.
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