Trademark Filing, Registration and Opposition
The Patent, Design, and Trademark Act 2022 has defined a Trademark as a word, symbol, picture, or a combination used by a firm, company, or Individual in its products or services to distinguish them from the products or services of others.
Section 16 of the Act states that a person can acquire title to the trademark of their business upon registration and no one can copy use or cause to use the registered trademark.
Chambers and Partners have detailed Imperial Law Associates as specializing in Intellectual Property in Nepal. Our proficient lawyers and attorneys have a leading Practice of Intellectual Property and Trademark in Nepal.
Trademark Laws in Nepal
The Primary Regulatory Authority for Trademark Filing, Registration, and Opposition is the Patent, Design, and Trademark Act 2022. It has prescribed the procedure for the Registration of Trademark in section 18 of the Act. The Act has also indoctrinated the Goods and Services permissible for Trademark Registration, Prohibition of Trademark Use, and Time Limit for Trademark Use.
Section 19 of the Patent, Design, and Trademark Act has prescribed a fine not exceeding NPR 1 Lakhs and Confiscation of associated articles and goods as per the gravity of the offense for Trademark Infringement.
Process of Trademark Registration
Section 17 of the Act has provisioned that a person desiring to register the trademark of their incorporated business must apply for Trademark Registration. The Application must be submitted along with four specimens of the trademark.
After the application has been filed, the Individuals must conduct the necessary investigation for Trademark Investigation and conduct further inquiry when required.
The Fees for Registration Trademark in Nepal is Rs. 2000 as prescribed in Schedule 3 of The Act.
After the Filing Application for Registration of the Trademark, the department conducts an appropriate inquiry including Three Months Opposition Period for the Trademark and if found appropriate, registers it. The Provision for Registration of Trademark has been incorporated in Section 18 of the Act.
Drafting Application for Trademark Registration
Schedule 1 (c) of the PTDA has devised the format of the application for the registration of a Trademark in Nepal. Our Intellectual Property Lawyers can draft the application to register our client’s Intellectual Property and likewise fulfill all its requisites.
Filing for Trademark Registration
After proper preparation of the application for Trademark Registration, our Legal Professionals apply along with the required documents mentioned here: https://www.lawimperial.com/local-trademark-registration-in-nepal/
Regular Investigation for Trademark Opposition
Trademarks are regularly published in the IP Bulletin for considerate opposition. As a leading IP Firm in Nepal, we regularly check the Bulletin to investigate whether similar trademarks have been filed and oppose them when felt reasonable.
A Registered Trademark is valid for Seven Years and requires renewal any number of times for Seven Years. Our competent attorneys conduct regular renewal of Trademarks to prevent unlawful violations.
Transfer of Ownership
Section 21 of PTDA has provisioned for the owner of a trademark to transfer the ownership or provide approval for its usage. It requires the filing of a Joint Application stating the facts along with the prescribed fees. Imperial Law Associates transfers the ownership of Intellectual Property and conducts deals concerning such transfer representing our clients with competency.
Appeal within Appellate Court
f any Individuals aren’t satisfied with the order of filing or not filing the Trademark by the Department then, an appeal can be filed within 35 Days to the High Court of Nepal. Our Law Firm leads the Appeal with proficient lawyers, abundant research, and passionate advocacy.
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