Nepal, Trademark protection can be obtained through registration. You are well advised to register the trademark in order to obtained stronger protection, particularly in case of conflict with an identical or confusingly similar trademark. In general, any person either national or foreigner who intends to use a trademark can apply for registration. It can be either an individual or a legal entity. The registration of trademark is not compulsory; however, it is highly advisable, as registration of trademark provides exclusive rights to prevent unauthorized use of the trademark. Owner of trademark/ applicant can register the trademark in Nepal with national route hiring by local lawyers or attorneys or agents.
Nepalese Trademark Law (Patent Design and Trademark Act 2022) states that "Trade-mark" means word, symbol, or picture or a combination thereof to be used by any firm, company or individual in its products or services to distinguish them with the product or services of others.
The statutory definition of trademark covers the following types and categories of signs to register.
a. Words: This category includes company names, surnames, forenames, geographical names and any other words or sets of words, whether invented or not, and slogans.
b. Letters and Numerals: one or more letters, one or more numerals or any combination thereof.
c. Devices: this category includes fancy devices, drawings and symbols and also two dimensional representations of goods or containers. Combinations of any of those listed above, including logotypes and labels
d. Colored Marks: This category includes words, devices and any combinations thereof in color, as well as color combinations and color as such.
However, Non-traditional trademark namely sound marks, smell marks and other invisible signs are not registrable in Nepal.
Practically to be registrable, a mark must satisfy three criteria:
a. it must fall within the definition of trademark;
b. it must not fail on the absolute grounds of refusal;
c. it must not fail on the relative grounds of refusal;
Nepal is a member of WIPO. The membership was effected from Feb 4th 1997. Nepal is also member country of Paris Convention for the Protection of Industrial Property. Trademarks owners, applicants are facilitated by Paris Convention for claiming priority for their trademark applications up to six months from the date of initial filing application.
