Trademark and Patent Attorneys in Nepal, Intellectual Property Attorneys in Nepal, Nepal Intellectual Property Attorneys, Patent and Trademark Law firm in Nepal, Intellectual Property Law firm in Nepal, Trade Mark Attorneys, Trade Mark Attorneys in Nepal :: Global Law Associates (P) Ltd.: specialist Nepal Patent and Trademark Attorneys, Patent and Trademark Attorneys in Nepal, Intellectual Property Attorneys, Intellectual Property Attorneys in NepalIntellectual property including Patent, Trademark, Copyright and Design. We are a Law firm that deals in Banking and Insurance Law, Joint Ventures, Technological Trasfer Agreement, Foreign Investment Prosecution, Immigration Law, Taxation Law

Trademarks/Service Marks

Law

Patent, design and Trademark Act, 1965

Membership

Priority Claim

Available under Paris Convention.

RIGHT ON TRADEMARK

Any body may have a right on any trademark of his trade or business under the act having it registered in the Department.

Nobody shall use or copy any trademark in a way of manipulating the people in general without a written consent of person in whose name the trademark is registered.

Ownership of a trademark can be transferred to other with a permission of the Department.

SEARCHES

A search is advisable in all cases, prior to application for registration of trademarks.

FILING REQUIREMENTS FOR THE REGISTRATION OF FOREIGN TRADEMARK

1. A power of attorney signed by the applicant sealed and attested by two witnesses.

2. An application form executed as above.

3. A certified copy of the home or foreign registration certificate along with its authenticated translation in English by a Notary Public.

4. Certified copy of details of priority in the case of priority claim.

5. If there is any character of local languages (like Japanese, Chinese etc.), we require a meaning of the character in English that is must be certified by Notary Public and other legal authorized institutions.

6. Minimum 10 prints of the mark. (Not needed for work mark).

7. The list of goods and the class is pertaining there. (Goods must be same as mentioned in home/ foreign registration certificate/application.)

Remark: Separate application and power of attorney have to be filed for per mark per class.

GROUNDS OF REFUSAL

If such trademark is deemed to make to make adverse effect in the dignity of any individual or institution,

If such trademark makes bad effect on the well being and morale of people in general or in the national interest,

If such trademark affects the goodwill of trademark of any other person, or

If such trademark has already been registered in the name of another person.

The trademark, which is contrary to the principle, norms and international conventions of industrial property.

REGISTRATION OF TRADEMARK

After examination if it is found registrable, The Department registers the trademark in the name of applicant and issue a certificate.

The applicant shall pay a registration fee of the trademark as prescribed in the schedule.

CLASSIFICATION OF GOODS

His Majesty's Government, for the purpose of registration of trademarks relating to any goods and any types of services may classify such goods and services.

International Classification of Goods and Services for the purpose of the registration of Marks (Nice Classification) is applied to this effect.

TERM AND RENEWAL FOR TRADEMARK

The registered trademark holder shall have his right on the trademark for a period of seven years from the date of registration.

The registered trademark holder shall renew the trademark within 35 days from the date of expiry.

6 months grace period also available by paying additional fee.

ASSIGNMENTS/TRANSFERS

Assignment/transfer is permitted. Applications for transfer/assignment are to accompany by deed of assignment and a power of attorney along with the prescribed fees.

REVOCATION

The registration of trademark, even if already effected is liable to be revoked on certain grounds, the act states, however that the HMG/ Nepal shall " prior to the revocation…………. Provide to the owner of the trademark a reasonable opportunity to show cause, if any, against the proposed revocation of the registration".

CANCELLATION OF TRADEMARK

The Department may cancel the registration of a trademark in case of that there is a condition of refusal to register.

The Department may cancel the registration of trademark in case if it is not put into use within one year from the date of registration (not applicable for foreign registration).

PUBLICATION OF TRADEMARK

The Department may publish the registered design and trademark and a statement in regard to the renewal and cancellation of registration for the information of the public in general.

OPPOSITION AND COMPLAINT

Any person if he has any complaint on the statement published by the Department concerning the design and trademark may lodge a complaint to the Department within 35 days of such publication. The department shall take necessary action through examination of such complaint.

PENALTY AND COMPENSATION

In the event of an infringement or a passing-off, resulting in the loss of the owner's goodwill or otherwise HMG/Nepal may "compel any person (causing such loss) to compensate". Also the confiscation of the offending products etc. In case the concerned owner of the trademark "is not satisfied with any order issued by the Department, "it shall lie within the former right to appeal to the Appellate court within 35 days of the issuance of such an order."

For obtaining the fee schedule and copies of the required documents for filing a Trademark Application in Nepal kindly send us an e-mail at glap@wlink.com.np

Informations on Intellectual Property Law.