Understanding Trademark Filing in Nepal
The procedure for filing a Trademark in Nepal is as follows:
Filling a Trademark in Nepal
A trademark application in Nepal can be filed for a single class only. Multi class trade mark applications cannot be filed in Nepal. Application for a Trademark or a Priority Trademark Application claiming priority from a convention country can also be filed in Nepal within six months from the priority date.
Notice of Refusal/ Acceptance
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.
Publication / Advertisement of a Trademark in Nepal
After examination and upon acceptance of the response by the Registrar, the application is ordered for advertisement/publication in the Trademarks Journal. An application is advertised in the Trademarks Journal so as to invite the public for filing opposition against the registration of a mark.
Opposition of Published Trademark in Nepal
On publication of the trademark in the Trademarks Journal, any person can oppose as to the registration of the said trademark by filing a notice of opposition within the prescribed period of 3 months from the date the Trademarks Journal is made available to the public.
Registration & Renewal of a Trademark in Nepal
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.
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